Staypal Host terms and conditions
1.3 We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any Purchase you have already made with us. Your continued use of the App and any new Purchases will be bound by the new Terms. These Terms were last updated on July 10th, 2017.
1.4 As a consumer, nothing in these Terms will prevent you or stop you from being able to enforce or receive the full benefit of your legal rights provided under general Irish law (your “non-excludable statutory rights”). For more information, please contact the Competition and consumer protection commission. .
1.5 In these Terms we use various capitalised terms (they are “defined”). This means they have special meanings, found in the next-to-last section of these Terms.
2. The Basics
2.1 To use the App and make any Purchases, you must be 18 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.
2.2 The App and the services, events and tickets offered on the App are only directed at people who access the App. You should satisfy yourself if a service, event and/or ticket is suitable to your circumstances (such as considering your travel arrangements to/from the event because unless otherwise stated, it is not included as part of the Purchase). If you choose to use the App or make a Purchase you do so at your own initiative.
2.3 We grant you a limited licence to use the App to access and use our services for your own use as an individual or with the permission of your employer at your place of work.
2.4 We reserve the right to prevent you using the App or making Purchases, however we will honour Purchases already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control. For more on this, please read below.
2.5 Staypal pay commissions on many of the tours that you as a host can recommend to tourists through our App. You are responsible for the reporting and payment of taxes resulting from commission income from Staypal.
3. Access to the App
3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.
3.2 We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any service, event, ticket or other information on our App. You agree that your use of the App is on an 'as is' and 'as available' basis and at your sole risk.
4. Registering a Staypal account
4.1 To begin using the Staypal Host App you are required to provide details to set up your Staypal account. This account enables you to make recommendations and save favorite tours to your account. We reserve the right to decline a new registration or cancel your account at any time (including if you don't provide us with a valid e-mail address that is personal to you, or if you don't provide us with a correct name and surname).
4.3 In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Purchases are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or you write your password on a noticeboard in your home and a family member then uses it to gain access to your account) is authorised to act as your agent to use the App and make Purchases via your account.
5. What you are allowed to do
5.1 You may only use the App for recommending tours with the consent of the party receiving the recommendation and use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and service, tickets, events and, subject to the next section, store such pages and/or service, tickets, events in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.
6. What you are not allowed to do
6.1 Except to the extent expressly set out in these Terms, you are not allowed to:
store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or
remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.
Use the App to send tour information to any person without their prior consent.
6.2 You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
6.3 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a “breach”).
6.4 use the Staypal service in connection with the distribution of unsolicited commercial messages ("spam");
7. Intellectual Property Rights
7.1 All intellectual property rights (which includes rights such as copyright, and rights in trade marks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the App. If you print off, copy or store pages from the App (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
7.2 You agree that by submitting any posting, images or other content for publication on the App (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of Your Content.
7.3 You are solely responsible for Your Content (including content you share with other sites, such as social networking sites) and we do not endorse Your Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Your Content.
8. External links
8.1 The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
9. Your personal information
10. Commissions and Payouts
10.1 The commission level paid on any tour is subject to change at any time (by either Staypal or the supplier) and the commission level displayed on the host app is representative of the full commission level for one adult ticket at that time.
10.2 Staypal will pay Hosts that generate sales of less than €200 in a calendar month a reduced rate which is 2% less than the full commission rate as displayed in the host app.
10.3 Commissions are automatically credited to accounts when tracking has enabled the system to confirm a host as the source of a referral. Staypal have no facility to amend the crediting of commissions to hosts other than those automatically processed.
10.4 Staypal will payout to hosts at a schedule of their own discretion.
10.5 Payouts to Hosts are limited to once per month and subject to a minimum balance of €50.
11. Our refunds policy
11.1 For event tickets that were not redeemed we cannot issue a refund. This is in accordance with your rights under EU distance selling regulations.
11.2 Paying refunds
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.3 Your legal rights
Nothing in these Terms limits or takes away from your legal rights under general law, however please note that there is an exemption to the cancellation rights in respect of contracts for leisure service activities on specific dates under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. As such, Purchases made via the App are generally non-cancellable and non-refundable, although you may be entitled to a refund in certain circumstances (see Our Refunds Policy). For more information, please contact your local Consumer Rights Bureau.
12. Our service standards
We warrant that we will exercise reasonable care and skill in performing our obligations under these Terms. Provided we have done so, we shall not be liable for errors or omissions, although we do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy). In the event of an error or omission we will use reasonable endeavours to correct any errors or omissions as soon as reasonably practicable after we become aware.
Except as expressly stated in these Terms, all warranties, conditions or other terms, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law. This does not stop you from exercising your legal rights under general law to the extent that we cannot lawfully exclude them, or claiming any remedies you might be entitled to under general law.
13. Our liability
13.1 Nothing in these Terms shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation;
for any other liability that may not, under Irish law, be limited or excluded.
13.2 Subject to this, in no event shall we be liable to you for any business losses (and loss of profits shall always be treated as a type of business loss) and any liability we do have for losses you suffer arising from any Purchases shall not exceed 100% of the aggregate amount spent on the Purchase for the relevant Ticket(s). Further, our liability to you for any and all losses however they arise in connection with these Terms and your use of the App (including any Purchases) is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
13.3 Other than as expressly described in these Terms, Staypal does not warrant and excludes all liability in respect of, or to provide, the Events for which Tickets may be redeemed, including in respect of the quality, safety, usability or any other aspect of the Events in respect of which a Ticket is or may be redeemed. We do, however, issue credits and refunds in limited circumstances (see section Our Refunds Policy).
13.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
14. Suspension and Termination
14.1 We may suspend or terminate all or part of your use of the App, your account and/or a Purchased Ticket if you use (or permit anyone other than you to use) the App, your account or a Purchased Ticket in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so.
14.2 Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
15.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our consent.
15.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
15.3 If we fail to enforce any of our rights, it does not result in a waiver of that right.
15.4 If any provision of these Terms is found to be unenforceable, that provision shall be struck out and where capable all other provisions shall remain in force unaffected.
15.5 These Terms may not be varied except with our express written consent.
15.6 These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us, including any innocent or negligent misrepresentations. We do not limit our liability to you for any fraudulent misrepresentations made by us in these Terms or otherwise.
15.7 All provisions of these Terms apply equally to and are for the benefit of Staypal, its group members and the Merchants at any relevant time and each shall have the right to enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of the group members and the Merchants). Subject to the previous sentence, no term of this Agreement is otherwise enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
15.8 These Terms (and all non-contractual relationships between you and us) shall be governed by Irish law, and you agree that any dispute between you and us regarding them or any Purchase will only be dealt with by in Ireland.
16. Additional terms relating to apple
If you download, access and/or use the App on Apple’s iOS operating system:
16.1 The App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
16.2 You acknowledge and agree that:
a) Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please Contact Us, not Apple, using the details in these Terms;
b) Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
c) In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
d) Although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;
16.3 You represent and warrant that:
a) You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
b) You are not listed on any United States Government list of prohibited or restricted parties; and
16.4 If the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.
“Merchant” means a third party partner of Staypal who sells the events and services for which a Purchase can be made
“Purchase” or “Purchased” means the purchase of a Ticket.
“Ticket” means a ticket for a particular Event from a Merchant, which is subject to any additional terms of entry set by the Merchant.
“Event” means the events and/or services offered by a particular Merchant for which a Purchase can be made.
“Service” means the events and/or services offered by a particular Merchant for which a Purchase can be made.
“Host” person using the Staypal host app that makes recommendations to tourists.
18. Contact Us
Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to email@example.com