Terms of use
- Introduction
- Welcome to the Staywimi website. Please read these terms and conditions carefully before using www.staywimi.com and it's subdomains ("the Website", "the site", or "the platform") operated by Staywimi Ltd ("the Company") company number 077022460.
- To use Staywimi.com, you must agree to the following terms and conditions. By registering your details with the Website or using any services provided by the website or the company ("the Services") in any way, you ("the User" or "you") agree to be bound by the following terms and conditions ("the Terms and Conditions"). Please review all the terms carefully as failure to use this website and services in accordance with the following terms of use may subject you to civil and criminal penalties.
- We may revise and update these terms and conditions from time to time and you are responsible for periodically reviewing the most current version on this website. Your continued use of the website and services will constitute your acceptance of any changes.
- You will be notified of substantial changes to these terms either by through the posting of a prominent announcement on the site, and/or by a mail message sent to the e-mail address you have provided, which is stored within your user settings.
- Staywimi's registered address is Unit 1 Martinbride Estate, Lincoln Road, Enfield, Middlesex EN1 1SW and our customer service telephone number is 020 8345 8319.
- Membership Eligibility.
- Our services are not available to, and may not be used by, persons under the age of 18 years or by temporarily or indefinitely suspended Users. If you do not qualify, please do not use our services.
- If you are registering as a business entity, by agreeing to these Terms and Conditions you represent that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
- Registered User Identification
- When a User registers with the Website the User will submit their name, email address and password. The Website will then issue the User with a User identification number, which together with the unique email and password makes up the Registration Details.
- It is the responsibility of the User to keep his Registration Details safe and confidential.
- The User has no right to disclose his Registration Details to anybody else. Further to this the User accepts that any breach of any third party rights resulting from your prohibited disclosure or negligent safe keeping of Registration Details which then result in any liability of any nature whatsoever shall be the sole liability of the User.
- The Website Venue
- Staywimi.com provides an online venue for Hosts and Guests to learn about each other and to exchange details and payment. These services provided include;
- Membership of the Staywimi community for Hosts and Guests
- Internet marketing space for homeowner and local business owned properties (Hosts) to advertise their real accommodation for short term rental
- Search functionality for Guests to find suitable accommodation
- Secure online venue for potential renters (Guests) to research and transact with potential Hosts
- A reservation and confirmation system for Hosts and Guests
- In consideration for this service, Staywimi will charge a fee to the Host party. The Staywimi service fee is calculated as a percentage of any rental / transaction payment between Guest and Host. Staywimi reserves the right to revise the percentage and will give due notice to its membership to advise of said change.
- By using our site and engaging in communication with other Staywimi users, Hosts and Guests agree to declare the amounts paid or received as a result of Staywimi introductions. Refusal to do so or a fraudulent declaration may lead to your account being suspended or terminated.
- Staywimi are not involved in the transaction between Host and Guest other than to provide the system and access to a payment gateway. Staywimi are not estate brokers, or agents for either party involved in the transaction that takes place as a result of the Host's marketing activity. Staywimi does not provide rental contracts or advise on terms and conditions for rental.
- Staywimi.com provides an online venue for Hosts and Guests to learn about each other and to exchange details and payment. These services provided include;
- Website Availability
- Websites are susceptible to technical difficulties, crashes and down time. We use our best efforts to maintain a consistent online presence, but cannot and do not guarantee a continuous and uninterrupted service. We reserve the right to terminate or cease the services offered by this website and access to this website temporarily or permanently at any time without prior notice.
- Staywimi Host Membership
- By posting details of your property on the website directly or indirectly you agree to the following terms and conditions.
- You agree that property and personal information appearing on the website conveys accurate information submitted and maintained by you the Host.
- By listing accommodation for rent on Staywimi, you represent that you own the property and/or are entitled to offer the property or part of the property for rent on a short term basis.
- You are responsible for ensuring your accommodation has adequate insurance cover, suitable for short term rental/lodging agreements.
- You will not upload any information known to be false or misleading and you understand that you are responsible for providing accurate information to Staywimi and its users. If there are any corrections or updates to be made regarding the listed property, you will submit these corrections via the website within a reasonable period of time.
- You agree to post your details at your own risk and accept full responsibility for any situation or incident that may occur from posting your details on the website.
- You agree that Staywimi can not be held liable for any damage, loss of property, theft or any incident which may occur from you renting your property via the website. You understand that Staywimi will have no involvement and cannot be held responsible for any renting arrangements made between you and any third party other than to process the payment on your behalf.
- Whilst we do our best to provide a quality service to property owners and promote the properties listed we cannot guarantee the sale or lease of any property listed on the website.
- You understand that Staywimi are making no representations, guarantees or warranties about the Guests who make enquiries about renting the Host's property. It is each Host's responsibility to contract with the Guest on terms that are agreeable with both parties. A secure messaging platform has been built to facilitate communication to confirm said agreement.
- Advertisements must not include excessive capital lettering, excessive punctuation or inappropriate content, such ads may be modified or rejected. Advertising of competitve products and services including but not limited to links to competitor websites is strictly prohibted. Links to websites directly associated with your accommodation may be allowed at our discretion. We reserve the right to refuse and/or remove any website links contained within a listing.
- Staywimi Guest Membership
- By creating a personal profile on the website directly or indirectly you agree to the following terms and conditions.
- You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
- You must provide a valid email address to use these services.
- You understand that Staywimi offers no guarantee regarding the accuracy of the Host property or personal information posted on the website and that all arrangements are made between you the Host via their contact details. When renting a property or part of a property via the website either directly or indirectly you are entering into an agreement with the property owner and the terms set out by them. Staywimi will have no involvement and cannot be held responsible for any renting arrangements made between you and any third party.
- Rental details, descriptions and images are supplied to us by Hosts, we cannot be held responsible for any inaccuracies in the information and images submitted to us. Some images may be scaled, sometimes disproportionately, to keep in consistency with the websites appearance.
- We encourage you to communicate directly with potential Hosts through the tools available on the Site and to take the same precautions you would normally take when meeting a stranger in person for the first time.
- User Conduct (Hosts and Guests)
- In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
- violate any applicable law or regulation;
- infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights
- use information obtained through our Services for any unauthorized purpose
- interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);
- "stalk" or harass any other user of our Services;
- collect or store any information about any other user other than for purposes of the permitted use of our Services;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
- attempt to defeat any security or verification measure relating to use of the Services; or
- assist any third party in doing any of the foregoing
- If you stay with or Host anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us; provided that your report shall not obligate us to take any action or cause us to incur any liability.
- In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
- Host & Guest Transactions, Refunds & Cancellation policy
- Unless an agreement exists between you and the Company, all attempts to process accommodation bookings outside of the Staywimi.com bookings platform are treated as attempts to defraud the Company and may lead to your account receiving penalties or a suspension.
- Unless otherwise stated, all fees are quoted in GB pounds sterling.
- 4The fees payable to Staywimi Ltd by the Host under the PAYG price plan is charged at 15% of the total amount received by them for each booking. These amounts include all taxes and processing fees. Staywimi reserve the right to change the payment particulars.
- The appropriate Host fee will be invoiced after the stay has been successfully completed. In the case of a cancelled transaction, any appropriate fee will be invoiced at the time the cancellation is processed.
- A guest is entiled to cancel their booking at any time, but will loose any deposit that has already been made, or the full payment should the stay have stated. When a cancellation occurs, the host will receive the deposit as payment, and Staywimi will still apply the 15% fee on the deposit payment received by the host. In the circumstance of a cancelled booking mid way through the stay, Staywimi will assess the fairness of the situation and communicate this with the host and the guest. Staywimi will always maintain it's admin fee for the period of time, and the credit card fee will always be taken.
- A host is entiled to cancel the booking at any time, but clearly this is not encouraged. But we would rather the host cancels than not be available when the guest arrives at their house. In the case of the host cancelling, all fees paid by the Guest are refunded, but an invoice of 15% of the full booking will still be created for the host to discourage them from doing this.
- We may change this policy at any time, and any change will be effective at the point of posting the new terms and conditions on this page. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service and you will be notified as soon as you login to your account.
- User Information
- "User Information" is defined as any information you provide to the Website or other Users in the listing process, in any public message area (including the contact or the feedback area) or through any email feature as run by the Website from time to time. User Information includes the descriptions of accommodation and owners contact details that are displayed on the Website as well as any content the User may post on the Website. The User is solely responsible for User Information and the Website acts as a passive conveyer of User Information
- By submitting any content (including without limitation, your photograph) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
- You are solely responsible for any information that you submit, post or transmit via our Services.The User's Information (including but not limited to any accommodation listed) and activities on the Website must not:
- be false, inaccurate or misleading;
- contain nudity or sexually explicit content;
- be fraudulent in nature;
- disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
- exploit images or the likeness of individuals under 18 years of age;
- depict use of illicit drugs;
- make use of offensive language or images;
- characterise violence as acceptable, glamorous or desirable;
- provide a link to any commercial websites; or
- contain any of your personal contact information, except as specifically required or requested as part of your registration on this site.be in breach of any law, statute, ordinance or regulation;
- be offensive or menacing, abusive, defamatory, trade libelous, unlawfully threatening or unlawfully harassing, obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
- breach copyright, confidentiality, or any other rights, infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy;
- contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for the Company or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
- By submitting any material to the Website, the User automatically grants the Company a royalty free, perpetual, irrevocable, exclusive right and licence to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. The User acknowledges that the Company is not obliged to publish any material submitted by the User.
- In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
- The User must be legally permitted to advertise the accommodation on the Website. It is the responsibility of the User to investigate the legality of renting the accommodation.
- The User must describe the accommodation and all terms of the arrangement on the listing page of the Website ("User Information"). The listings may include text descriptions, graphics, pictures and other content relevant to the renting of the accommodation. All listed items must be listed in an appropriate category.
- An advertisement can be disabled or removed because of but not limited to the following reasons:
- Obvious plagiarism of a competitor's listing
- Previous customer's feedback about the accuracy of the listing
- Empty or an unhelpful description
- Unrealistic pricing
- Without limiting any other remedies available to the Company at law, in equity or under these Terms and Conditions, the Company may, in its sole discretion, suspend or terminate your account if the Company suspect that you have engaged in fraudulent activity in connection with the Website and the service provided. The Company may also use its sole discretion to remove and subsequently ban the accommodation listed by the User.
- As a means to facilitate the introduction of Guests to Hosts, the Company permits the User limited access to other Users' contact information contained on the Website upon confirmation of a booking. By accepting these Terms and Conditions, the User agrees that, with respect to other Users' personally identifiable information obtained through the Website or through a Website communication or Website facilitated transaction; you may only use such information for:
- Website related communications that are not unsolicited commercial messages and relate to your genuine participation in a Website facilitated transaction;
- Any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s).
- The Company does not tolerate spam or unsolicited commercial communications and Users shall not make unsolicited contact to the other Users of the Website.
- Staywimi takes your right to privacy seriously, we understand the concerns that you may have and we want you to feel comfortable using this web site and service. Our aim is to help you protect and control the use of your information online.
- Registration for membership on this site requires a valid e-mail address, property details and contact information. You are not required to provide any other information if you do not want to. Please be aware that the e-mail address you provide and any other information you enter may render you personally identifiable, and may possibly be displayed on this website intentionally (depending on choices you make during the registration process, or depending on the way in which the site is configured) or unintentionally (subsequent to a successful act of intrusion by a third party). Like many web sites, this website sets and uses cookies to enhance your user experience, to remember your personal settings, for instance.
- As on many websites, the site editor may also automatically receive general information that is contained in server log files, such as your IP address, and cookie information.
- Our Services are designed to allow users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any other personal information, you waive any privacy expectations you have with respect to use of such likeness or personal information. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Services. We may collect certain other personal information from you that we do not post on our Site.
- In most cases, we do not intentionally transfer this information to unaffiliated third parties without your consent. However, we reserve the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Services and deliver information and services to you and other users of our Services.
- Data may be used to customise and improve your user experience on this site. Efforts will be made to prevent your data being made available to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (iii) a service provided on our site requires interaction with a third party, or is provided by a third party, such as an application service provider; (iv) pursuant to legal action or law enforcement; (v) it is found that your use of this site violates the site editor's policies, terms of use, or other usage guidelines, or if it is deemed reasonably necessary by the site editor to protect the site editor's legal rights and/or property; or (vi) this site is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy. In the event you choose to use links displayed on this web site to visit other web sites, you are advised to read the privacy policies published on those sites.
- We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
- Editing or deleting your account information is your responsibility. You are provided with the ability to edit the information stored for your user account information during registration, by visiting your user profile. You can request that your user account be deleted; to do so, please contact the site administrator. Content or other data that you may have provided, and that is not stored within your user account, such as articles published, may continue to remain on the site at the site editor's discretion, even after your user account is deleted.
- When processing your financial details for payments, we will oinly use your details for the transaction being processed, and do not store your financial information on our servers.
- While the privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, the site editor is not in a position to guarantee compliance with these standards. There may be factors beyond the site editor's control that may result in disclosure of data.
- All material on our Site ia protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by us, you may not:
- sell;
- license;
- rent;
- modify;
- distribute;
- copy;
- reproduce;
- transmit;
- publicly display;
- publicly perform;
- publish;
- adapt;
- edit, or
- create derivative works from such material.
- You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at hello@staywimi.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.
- We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time:
- Immediately issue a warning,
- Limit your activity on the website
- Suspend or terminate your access to our Services,
- Suspend or delete any of your accounts, listings and uploaded content
- Refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
- The User breaches these Terms and Conditions;
- If the Company are unable to verify or authenticate the User Information provided to us to our satisfaction;
- If the Company believe that the User's actions may cause the Website legal liability or financial loss; or
- If the Company in its sole discretion believes it is in the best interest of the Website and other Users.
- The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is in our name, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of transacting through it or enabling / inviting others to do so. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
- This website is owned and run by Staywimi Ltd. Our company and website are not associated with, affiliated with, sponsored by, endorsed by or connected in any way with any third-party trademark owners mentioned on this website.
- Staywimi Ltd reserves the right to assign ownership of this system without its members' consent.
- The Guests and Hosts agree that they will indemnify and defend Staywimi Ltd's owners and managers and their employees and agents harmless from all damages, losses, liabilities and expenses whatsoever including, but not limited to, solicitor / legal fees and losses resulting from the acceptance of any rental arrangements arising either directly or indirectly from the publication of any advertisement and processing of payments.
- We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site (other than the email validation tool). You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with underage persons or people acting under false pretence.
- For the avoidance of doubt it is hereby made clear that the Company does not control the information provided by other Users, which is made available through the Website.
- We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
- You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
- Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.
- These Terms and Conditions and the other documents entered into contemporaneously with or pursuant to them, constitutes the entire agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.
- These Terms and Conditions (together with all documents referred to in them) are governed by and construed in accordance with English law. The parties irrevocably agree that the English courts have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions any documents referred to in them.
- Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
- If any dispute arises in connection with the Terms and Conditions, the parties will attempt to settle it by mediation as agreed between the Parties. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
- All content on the website is copyright 2011 Staywimi LtdIf you have any questions or queries regarding any of the services or products featured please contact us.
Thank you,
Staywimi Ltd
