LDS Stay Terms of Use

LDS Stay Thank you for using us.

These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and LDS stays (as defined in the paragraphs below) governing your use of the LDS stays service through the website (the, “Site“), our mobile device applications (collectively, “App“) and all associated services (collectively, “LDS stays Services“). The Site, any Application and LDS stays Services together are hereinafter will be referred to as the “LDS stays service”.

The collection and use of personal information in connection with your access to and use of the LDS Stays Service is described in the Privacy Policy.

Those who choose to host are solely responsible for knowing, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services within their jurisdiction. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on LDS stays, you should seek independent legal advice.

Definitions:

“Accommodation” refers to a premises, or part of a premises, offered by a Host for short term stays as described in a Listing

“Accommodation Booking” means a booking request made by a Guest to stay in Accommodation which has been confirmed by the Host

“Booking Modifications” means changes to an Accommodation Booking agreed to by a Guest and a Host

“Collective Content” refers collectively to LDS Stays Content and Member Content

“Damage Claim” refers to a claim made by a Host that a Guest has caused damage to the Accommodation, or part thereof or any property at an Accommodation

“Guest Fees” are fees payable by Guests to LDS Stays for the use of the LDS Stays Service.  The Guest Fee is 3% of the Listing price.

“Guests” are Members using Host Services

“Host Fees” are fees payable by Hosts to LDS Stays for the use of the LDS Stays Service, being 5% of the total Listing Fee paid by a Guest for the Host Services does not include other charge i.e cleaning fess etc

“Hosts” refers to Members and third parties who offer services

“Host Services” refers to the services offered by Hosts on the Site, including rooms or properties available for short term stays

“LDS Stays,” “we,” “us,” or “our,” refers to the LDS stays business you are contracting with: Ronald Rapetti t/a LDS STAYS [83 831 463 637] of [not disclosed].

“LDS Stays Content” refers to content that LDS Stays  itself makes available on or through the LDS Stays  service, including proprietary LDS Stays  content and any content licensed or authorised for use by or through LDS Stays  from a third party

“Listings” means the Hosts Services that are provided by Hosts as displayed on the Site

“Listing Fee” means the price set by a Host for the Host Services

“Members” refers to registered users

“Member Content” means any material uploaded to the LDS Stays service by a Member including but not limited to text, photos, audio, video, or other materials and information

“Overstay” means when a Guest stays in the Accommodation past the agreed upon checkout time without the Host’s consent

“Overstay Fees” means fees payable by a Guest to a Host when the Guest Overstays being an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by the Guest for each twenty-four (24) hour period (or any portion thereof) that the Guest Overstays, in addition to applicable Guest Fees, Taxes, and any legal expenses incurred by the Host in relation to the Overstay

“Rating” is a star rating system which is available to Members to indicate their opinion about another Member, whether a Host or Guest

“Review” is a publicly available comment published by a Member about another Member on the LDS Stays Service

“Security Deposit” is a sum payable by a Guest to a Host as security for using the Host Services

“Service Fees” refers to Guest Fees and Host Fees collectively

1. Scope of LDS Stays Services

 

• The LDS Stays Service is an online marketplace that allows Hosts to publish Host Services on the Site for Members that are looking to book Host Services.
• LDS Stays do not manage or supply any Listings or Host Services. Hosts solely are responsible for their Listings and Host Services. When Guests make or accept a booking, an agreement is entered into between the Guest and the Host. LDS Stays is not acting as an agent in any way for any Member, except as specified in the Payment Terms.  The relationship between LDS Stays Service and Hosts is one of a third party service provider.
• LDS Stays has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. LDS Stays does not endorse any Member, Listing or Host Services. LDS Stays does not verify information provided by Hosts or Members.
• The LDS Stays Service may contain links to third-party websites or resources (“Third-Party Services”). LDS Stays is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are for your convenience and not an endorsement by LDS Stays of such Third-Party Services.
• LDS Stays does not warrant that the Site, App or any Collective Content will be error-free or uninterrupted. We do not guarantee that your use of the LDS Service will provide specific results. The Site, App and Collective Content are provide don an ‘As-Is’ and ‘As-Available’ basis.

 

2. Eligibility, Using the LDS Stays Services, Member Verification
   • You must be at least 18 years old and able to enter into legally binding contracts to access and use the LDS Stays Services or register a LDS Stays By accessing or using the LDS Stays Services you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
   • LDS Stays Services are available to Members who are affiliated with the Church of Jesus Christ of Latter Day Saints and membership must be verifiable through church records.
   • User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Members to provide further information in order to use the Site and LDS Stays
3. Modification of these Terms

LDS Stays reserves the right to modify these Terms at any time. If we make changes to the Terms, we will post the revised Terms on the LDS Stays Service and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate the Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the LDS Stays services will constitute acceptance of the revised Terms.

4. Account Registration

 

• You must register an account with (“LDS Stays Account “) to access and use certain features of the LDS Stays Service, such as hosting, publishing or booking a Listing. If you are registering a LDS Stays for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
• You can register a LDS Stays Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to enable or disable the connection between your LDS Stays Account and your SNS Account at any time, by accessing the “Trust & Verification” section of the LDS Stays
• You must provide accurate, current and complete information during the registration process and we expect you to keep your LDS Stays Account and public LDS Stays Account profile page information up-to-date at all times.
• You may not register more than one (1) LDS Stays You may not assign or transfer your LDS Stays Account to another party.
• You are solely responsible for maintaining the confidentiality and security of your LDS Stays Account credentials and may not disclose your credentials to any third party. You must immediately notify LDS Stays if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your LDS Stays LDS Stays will reset your account password. You are liable for any and all activities conducted through your LDS Stays Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5. Content

 

• LDS Stays may, at its sole discretion, enable Members to create, upload, post, send, receive and store Member Content.
• You acknowledge and agree that the LDS Stays Content, including all associated intellectual property rights, are the exclusive property of LDS Stays and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LDS Stays All trademarks, service marks, logos, trade names, and any other source identifiers of LDS Stays used on or in connection with the LDS Stays Service and LDS Stays Content are trademarks or registered trademarks of LDS Stays.
• You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Collective Content, except to the extent you are the legal owner of Member Content or as expressly permitted in these Terms.

 

• Subject to your compliance with these Terms, LDS Stays grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the App on your personal device(s); and (ii) access and view any Collective Content made available on or through the LDS Stays Services, solely for your use in accordance with these Terms.
• By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the LDS Stays Services, you grant to LDS Stays a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Listing and the LDS Stays Services, in any media or platform. Unless you provide specific consent, LDS Stays does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
• You are solely responsible for all Member Content that you make available on or through the LDS Stays Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the LDS Stays Services or you have all rights, licenses, consents and releases that are necessary to grant to LDS Stays the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or LDS Stays use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any LDS Stays LDS Stays may, without prior notice, remove or disable access to any Member Content that LDS Stays finds to be in violation of these Terms or LDS Stays then-current Privacy Policies or otherwise may be harmful or objectionable to LDS Stays, its Members, third parties, or property.  Should you come across any Member Content that may be in breach of these Terms you can report the content by clicking “Report”.

 

• Members indemnify and agree to keep LDS Stays indemnified for all costs and expenses arising (including loss of profits and goodwill) arising from a Member’s breach of clause 5.7 above

 

6. Security Deposit
   • The Host may require the Guest to pay a security deposit. The amount payable is determined by the Host.

 

• The security deposit is payable by the Guest at the time of booking, and is held by LDS Stays until the final date of the booking has passed.
• The security deposit is only held to secure any costs incurred by the Host in relation to replacing keys that are lost or not returned by a Guest. The security deposit is not held as security to pay for any loss or damage.
• If a Guest does not return the property keys to the Host as instructed by the Host, the Host must notify LDS Stays within 7 days after the final date of the booking has passed.
• The Host should contact the Guest immediately and attempt to make arrangements for the return of the keys. If the keys are returned to the Host the Host must notify LDS Stays
• If the keys are not returned to the Host within 7 days after the final date of the booking has passed, LDS Stays will transfer the Security Deposit sum to the Host.
• If the keys are returned to the Host within 7 days after the final date of the booking, LDS Stays will refund the Guest the total sum of the Security Deposit.

 

• If a dispute arises about a security deposit claim made by a Host, it will be dealt with in accordance with the dispute resolution process described in clause 8 of these Terms.

 

7. Fees and Payment Terms
   • The Listing Fee is determined by the Host. The Host is responsible for the collection and payment of any taxes that apply to the Host Service.  The Host must notify the Guest of any taxes  payable either in the Listing or otherwise.

 

• At the time of booking, Guests must pay LDS Stays the total Listing Fee, plus any relevant taxes relating to the booking, the Guest Fee and any security deposit.
• The Guest Fee is payable to LDS Stays in addition to the Listing Fee.

 

• LDS Stays uses a third-party payment provider. Members should ensure you read the terms of service and privacy policy of our preferred payment provider.

 

• LDS Stays accepts payment in Australian Dollars. Any currency exchange is handled by the third-party payment provider and is subject to the payment provider’s terms.

 

• LDS Stays will retain the Listing Fees paid to it by Guests up until after the Guest booking date has passed. Within 5 to 10 days after the final date of the guest booking, LDS Stays will:

 

• transfer the Listing Fee to the Host, minus the Host Fee which LDS Stays will retain; and
• return the Security Deposit in full to the Guest, unless the Host has made a claim for payment of the Security Deposit, in which case clause 6 above will apply.

 

• LDS Stays is not responsible for the collection of Overstay Fees. Agreements between the Host and Guest in relation to Overstay Fees are subject to the terms negotiated between the Host and Guest separate to these Terms.

 

8. Dispute Resolution

• These Terms operate in conjunction with the Guest Refund Policy.
• Members may refer disputes related to the Host Services to LDS Stays.
• LDS Stays will seek information from the Members in relation to the dispute.
• Members agree to provide LDS Stays with information requested within the reasonable timeframes stated by LDS Stays.
• LDS Stays will make a determination in relation to the dispute, which will be binding on Members.
• A Member may also take action against another Member through the legal system where the aggrieved Member is domiciled.

 

9. Terms specific for Hosts
   • Terms applicable to all Listings
     • When creating a Listing through the LDS Stays Services you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an accommodation) and (iii) provide any other pertinent information requested by LDS Stays. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
     • Hosts are solely responsible for setting the Listing Fee. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
     • Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
     • Member Content uploaded in relation to a Listing must comply with these Terms. LDS Stays reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
     • The placement and ranking of Listings in search results on the LDS Stays Services may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
     • When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee to LDS Stays and any applicable Taxes, which will be collected pursuant to these Terms.

 

• LDS Stays recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or other Host Service.
• Your Listing, must comply with the laws where the Host resides, including but not limited to discrimination laws.

• Listing Accommodations
  • You may only list one Accommodation per Listing.
  • If you choose to require a Security Deposit for your Accommodation, you must specify this in your Listing. Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the LDS Stays
  • You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, landlord or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).

10. Terms specific for Guests
    • Terms applicable to all bookings
      • Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available with LDS Stays Service by following the respective booking process. All applicable fees, including the security deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your LDS Stays
      • Guests agree to comply with the house rules of the Host.

 

• Upon receipt of a booking confirmation from LDS Stays, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.

 

• You may not bring any additional individuals to a Host Service unless such an individual was added by you as an additional guest during the booking process on the LDS Stays If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in Host Service if accompanied by an adult who is responsible for them.

• Booking Accommodations
  • You understand that a confirmed booking of an Accommodation Booking is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

 

• You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you Overstay you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, Overstay Fees if requested by the Host.

• Booking other Host Services
  • You should carefully review the description of a Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. If you are booking shared accommodation where the Host will be present during your stay, you are required to inform the Host of any medical or physical conditions, in the event that emergency care is required to be provided.
  • If a Host deems it necessary to call a third party medical provider to assist the Guest with an emergency medical situation, the Guest is liable to pay the costs of the emergency care.
  • In addition, certain laws, like the minimum legal drinking age in the location of the Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Host Service.

11. Booking Modifications, Cancellations and Refunds,

 

• Hosts and Guests are responsible for Booking Modifications and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with Booking Modifications.
• Each Listing will clearly state the cancellation policy. Hosts determine the sum of any cancellation fees payable by a Guest, in accordance with LDS Stays cancellation options.

 

• The cancellation policy can be modified in the Listing by the Host.
• Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and LDS Stays will provide any refund to the Guest in accordance with such cancellation policy. Any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by LDS Stays pursuant to these Terms.
• If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and LDS Stays may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, LDS Stays may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee.
• Cancellations are subject to the Extenuating Circumstances policy and Guest Refund Policy.

12. Ratings and Reviews
    • Within a certain time frame after completing a booking, Guests and Hosts can leave a Review and/or Rating about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of LDS Stays. Ratings and Reviews are not verified by LDS Stays for accuracy and may be incorrect or misleading.

 

• Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language.

 

• Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.

 

13. Damage to Accommodations, Disputes between Members
    • As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
    • LDS Stays is not responsible for dealing with any claims between members in relation to loss or damage that arises during a Guest stay.

 

• If a Host claims and provides evidence to support a Damage Claim, the Host can seek payment from the Guest directly or through legal channels.

14. Currency conversion

 

• The LDS Stays Platform facilitates bookings between Guests and Hosts who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the LDS Stays Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.

15. Taxes
    • As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT, GST, consumption tax, consumers tax or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

 

16. Prohibited Activities
    • Members are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the LDS Stays In connection with your use of the LDS Stays Services, you will not and will not assist or enable others to:

 

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or policies;

1. • use the LDS Stays Services or Collective Content for any illegal purpose or purposes that are not expressly permitted by these Terms or in a manner that falsely implies LDS Stays endorsement, partnership or otherwise misleads others as to your affiliation with LDS Stays;
   • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the LDS Stays Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Members or third parties;
   • use the LDS Stays Service in connection with the distribution of unsolicited commercial messages (“SPAM”);
   • contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the LDS Stays Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
   • use the LDS Stays Services to request, make or accept a booking independent of the LDS Stays Services, to circumvent any Service Fees or for any other reason;
   • request, accept or make any payment for Listing Fees outside of the LDS Stays Services. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold LDS Stays harmless from any liability for such payment;
   • discriminate against or harass anyone contrary to the laws of jurisdiction;
   • dilute, tarnish or otherwise harm the LDS Stays brand in any way, including through unauthorized use of Collective Content,
   • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the LDS Stays Services for any purpose;
   • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by LDS Stays or any of LDS Stays providers or any other third party to protect the LDS Stays Services;
   • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LDS Stays Platform;
   • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the LDS Stays Platform; or
   • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

• You acknowledge that LDS Stays has no obligation to monitor the access to or use of the LDS Stays Services by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the LDS Stays Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist LDS Stays in good faith, and to provide LDS Stays with such information and take such actions as may be reasonably requested by LDS Stays with respect to any investigation undertaken by LDS Stays or a representative of LDS Stays regarding the use or abuse of the LDS Stays Services
• If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to LDS Stays by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

17. Term and Termination, Suspension and other Measures
    • This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or LDS Stays terminate the Agreement in accordance with this provision.
    • You may terminate this Agreement at any time by sending us an email or if this feature is made available via the LDS Stays If you cancel your LDS Stays Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your LDS Stays Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
    • Without limiting our rights specified below, LDS Stays may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
    • LDS Stays may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) LDS Stays believes in good faith that such action is reasonably necessary to protect the personal safety or property of LDS Stays, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
    • In addition, LDS Stays may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the LDS Stays Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or LDS Stays otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) LDS Stays believes in good faith that such action is reasonably necessary to protect the personal safety or property of LDS Stays, its Members, or third parties, or to prevent fraud or other illegal activity:
    • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;

1. • cancel any pending or confirmed bookings;
   • limit your access to or use of the LDS Stays;
   • temporarily or permanently revoke any special status associated with your LDS Stays Account; or
   • Temporarily or in case of severe or repeated offenses permanently suspend your LDS Stays Account.
   • In case of non-material breaches and where appropriate, you will be given notice of any intended measure by LDS Stays and an opportunity to resolve the issue to LDS Stays reasonable satisfaction.

• If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
• When this Agreement has been terminated, you are not entitled to a restoration of your LDS Stays Account or any of your Member Content. If your access to or use of the LDS Stays Services has been limited or your LDS Stays Account has been suspended or this Agreement has been terminated by us, you may not register a new LDS Stays Account or access and use the LDS Stays Platform through a LDS Stays Account of another Member.

18. Disclaimer

You agree that you have had the opportunity to review and consider the LDS Stays Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services, and that you are not relying upon any statement of law or fact made by LDS Stays relating to a Listing and/or Host Services.

19. Liability
    • You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the LDS Stays Services remains with you. To the extent permitted by law, LDS Stays will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the LDS Stays Services or Collective Content, (iii) from any communications, interactions or meetings with other Members arising from your use of the LDS Stays

 

• Except for our obligations to pay amounts pursuant to these Terms, to the extent permitted by law, in no event will LDS Stays aggregate liability arising out of or in connection with these Terms and your use of the LDS Stays Services exceed the amounts you have paid or owe for bookings via the LDS Stays Services as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by LDS Stays to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred AUD. dollars ($100AUD), if no such payments have been made, as applicable.

 

20. Indemnification

You agree to release, defend (at LDS Stays option), indemnify, and hold LDS Stays and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the LDS Stays Service or any LDS Stays Services, (iii) your interaction with any Member, stay at an Accommodation or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

21. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the LDS Stays Service (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the LDS Stays Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.

22. Applicable Law and Jurisdiction

These Terms will be governed and construed in accordance with the laws of Victoria, Australia and any disputes relating to these Terms, or the LDS Service will be subject to the exclusive jurisdiction of the Victorian Courts and Tribunals.

23. General Provisions
    • Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between LDS Stays and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between LDS Stays and you in relation to the access to and use of the LDS Stays
    • If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

 

• LDS Stays failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

• You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without LDS Stays prior written consent. LDS Stays may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

 

• Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by LDS Stays via email, LDS Stays Services notification, or messaging.

 

• If you have any questions about these Terms please email us 
• This Site is prone to errors and glitches.
  • Know glitch – Reservation summary page under My Bookings shows 3% less than total. – ignore does not affect payout. Status In hands of developers