TERMS AND CONDITIONS OF USE


Effective Date: 01.03.2025


Welcome to MyStay Chat (the “Application”), operated by Tidalpool Pty Ltd (ABN 26 428 640 451) (“Company,” “we,” “us,” or “our”). These Terms and Conditions govern the use of MyStay Chat and its associated services. By accessing or using this Application, you agree to comply with these Terms. If you do not agree, you must discontinue use immediately.


1. About the Application

1.1 Purpose: MyStay Chat provides guests with instant access to resort information, amenities, and services, replacing traditional printed compendiums.

1.2 Ownership: The Application is operated by Tidalpool Pty Ltd. Your use of the Application constitutes agreement with these Terms.

1.3 Changes to Terms: We reserve the right to modify these Terms at any time. Changes take effect immediately upon publication, and continued use of the Application constitutes acceptance of the revised Terms.


2. Acceptance of Terms

You accept these Terms by using or browsing the Application. You may also accept them by clicking “Agree” when prompted.


3. Copyright and Intellectual Property

3.1 The Application and its content (text, graphics, logos, images, audio, software) are protected by copyright under Australian and international laws.

3.2 You may use the Application for personal, non-commercial purposes only. Copying, distributing, or modifying content without permission is prohibited.

3.3 Nothing in these Terms grants you ownership of trademarks, business names, domain names, patents, or copyrights associated with MyStay Chat.

3.4 Tidalpool Pty Ltd reserves the right to include community messaging, advertising, or sponsorship within the Application without prior notice.


4. Privacy

Your privacy is important to us. Any personal data collected through the Application is handled in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).


5. General Disclaimer

5.1 These Terms do not limit any rights under the Australian Consumer Law (ACL).

5.2 To the extent permitted by law:

  • We do not guarantee the accuracy, availability, or reliability of the chatbot's responses.
  • We are not responsible for any loss, damage, or inconvenience caused by reliance on chatbot information.
  • MyStay Chat is provided "as is" and "as available" without warranties of any kind.

5.3 We are not liable for:

  • Errors, interruptions, or defects in the Application.
  • Third-party content, including resort listings and advertisements.
  • Costs incurred from using MyStay Chat.


6. Limitation of Liability

6.1 Our liability for any claim arising out of these Terms is limited to resupplying the service or reimbursing the cost of resupplying the service, as permitted by Australian Consumer Law.

6.2 We are not responsible for any:

  • Loss of profit, business reputation, or goodwill.
  • Indirect, incidental, or consequential damages.


7. Third-Party Links & Services

7.1 MyStay Chat may include links to third-party businesses and services. We do not control or endorse these services and are not liable for their accuracy, availability, or quality.

7.2 Any interactions with third-party services are at your own discretion and subject to their own terms and conditions.


8. Termination of Use

8.1 You may terminate your use of MyStay Chat at any time.

8.2 We may suspend or terminate your access if:

  • You violate these Terms.
  • Required by law.
  • We discontinue MyStay Chat for business or legal reasons.

8.3 Termination does not affect rights and obligations that have already accrued under these Terms.


9. Indemnity

You agree to indemnify Tidalpool Pty Ltd against any claims, damages, or expenses arising from:

  • Your misuse of MyStay Chat.
  • Your violation of these Terms.
  • Third-party disputes related to your use of the Application.


10. Dispute Resolution

10.1 Negotiation: If a dispute arises, both parties must attempt to resolve it through good-faith negotiations within 14 days.

10.2 Mediation: If unresolved, a mediator will be appointed by the President of the Conflict Resolution Service. Mediation will take place in Tewantin, Queensland, Australia.

10.3 Confidentiality: All dispute communications are confidential.

10.4 Termination of Mediation: If mediation is unsuccessful after 3 months, either party may pursue legal action.


11. Governing Law & Jurisdiction

11.1 These Terms are governed by the laws of Queensland, Australia.

11.2 Any disputes must be resolved in the courts of Queensland, Australia.


12. Contact Information

For questions or support, contact us at:

info@tidalpool.com.au


By using MyStay Chat, you agree to these Terms and Conditions.


Approved by: TL Montgomery

Date: 01/03/2025