Terms of Use

By using Guestily.com or signing up for an account you are agreeing to these terms and conditions.

Guestily.com (or “Guestily”, “us” or “the service”) is a service offered through the website www.guestily.com (the “website”) that allows you to create and send email promotions to recipients. Guestily is owned and operated by The Invermay Press, a business name of Invermay Investments Pty Ltd ATF The Invermay Investment Trust, a company incorporated in Australia.

As a client of this service you are a member and referred to in this agreement as a “member” or “you”.

These Terms of Use (together with our Privacy, Acceptable Use and Copyright Policies) set out the terms and conditions under which you are allowed to use Guestily.com.

Using Our Service - To use our service, you must be over 18 years of age, agree to our terms and conditions, agree you will not use our service other than accordance with all applicable laws and understand that Guestily can refuse service close your account or change these terms and conditions at any time.

Accepting These Terms - Your membership commences when you register and you digitally sign these terms and conditions when you click the ‘Submit’ button on the registration form or submit a promotion. If you sign up on behalf of a company or other entity you are promising to us that you have the authority to accept these terms on behalf of the company.

Closing Your Account - You can close your account at any time for any reason by writing to us. We can close your account at any time for any reason and we can delete your account and any associated data. You are responsible for maintaining security to your account.

Payment For Services - Your membership to Guestily.com is free. You only pay Guestily.com when you submit a promotion for us to prepare and before broadcast. We will not store your credit card details when you pay us. We will use Stripe to process your payment. Stripe is a secure payment processor. Once a payment is made and broadcast is sent it is non-refundable.

Ownership - We retain ownership over the Website and the email template we tailor to your property. You may not use our template with any other service. You own your own data, including mailing list and we promise never, ever to share your list with anyone else. You promise to us when you submit text and images for use in a promotion that you own the rights to those words and images and indemnify us for any breach of this promise.

Spam - You promise not to send spam. You promise not to use rented, purchased or third party lists of email addresses.

Applicable Laws - You promise to comply with all applicable laws and regulations in using our service. You are responsible for knowing what laws and regulations apply in your jurisdiction. You promise not to use our service for unlawful or discriminatory purposes.

Refusal To Broadcast - We have the right to refuse to broadcast a promotion that we feel is vague, misleading or deceptive or capable of being considered any of these in our absolute discretion.

Limitation of Liability - To the maximum extent the law permits, you assume full responsibility for any loss resulting from your use of our service and we will not be liable for any damages whatever even if we have been negligent because you are required to carefully check and give final approval for your broadcast and our total liability is limited to the value paid for the most recently sent promotion. You must decide if the service will meet your needs and we do not give any warranty, express or implied that our service is suitable for you.

Indemnity - You agree to compensate us for any loss, including legal fees, that result from any claim under these terms or otherwise by you or a third party.

Appropriate Remedy - We and you agree that the best remedy for any breach by either of us is an injunction (an order to stop doing something), rather than damages.

Third Parties - We are not responsible for any advertisers, other members or any third party associated with the service.

Assignment - You cannot assign rights under this agreement to anyone else.

Failure of Service - We will not be held liable for any delay or failure in performance of any part of the service for any reason whatsoever.

Severability - If any part of this agreement is found to be unenforceable the remainder of this agreement will remain binding.

Plain English - We have written these terms in plain English to make them easily understandable. If you are unsure about any aspect of our policies please ask us for clarification.

Changes - Any changes to these terms take effect from when they are posted on this website.

Entire Agreement - These Terms of Use (together with our Privacy, Acceptable Use and Copyright Policies) form the entire agreement between us and you.

Acceptable Use Policy

You cannot use our service to send anything offensive, illegal or misleading, even if only potentially.

You cannot violate CAN-SPAM Laws.

We decide who can use our service and how and assess this on a case-by-case, promotion-by-promotion basis and we can change our mind at any time.

We adopt the industry average acceptable metrics for hard bounces (5%) and spam complaints (1%).

You cannot: send spam; include in your promotion anything you do not own or that is misleading or deceptive; violate anyone’s rights; use any of our intellectual property on any other service (including but not limited to our template tailored to your property) or in competition to us; use our service to broadcast to mobile phones or any other medium other than email.

Privacy Policy

Registrar

Guestily.com service: support (at) Guestily.com

Contact Person

The Privacy Officer, www.Guestily.com, support (at) guestily.com

Name of the Register

User register of the Guestily.com service

Use of Personal Details (purpose of register)

Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but these details are voluntary (except name).

The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.

Information Content of the Register

The following information may be stored in the register:

Personal details: Name, email address, phone number, street address

Account details: username, password (stored in encrypted format)

The description text that the user may write about him/herself

The offers and requests the user has posted to the service

The given and received feedback and badges

Statistical data about service usage, e.g. number times the user has logged in

Regular sources of information

Personal details are given by the user on registration to the service or when using it later.

Regular Handovers of the Information

The information may be handed over for research purposes as described in the Terms of use that the user accepts before starting to use the service. The researchers may not publish any research results so that identifying information would be revealed or that any specific user could be detected.

Transfers of the Information Outside the EU and the European Economic Area

Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area.

Register Protection Principles

The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.

Cookies and Web Beacons

www.Guestily.com and its support channels use cookies to store information about visitors' preferences, to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize our web page content based upon visitors' browser type or other information that the visitor sends via their browser. If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.

Log Files

Like many other Web sites, www.Guestily.com makes use of log files. These files merely logs visitors to the site - usually a standard procedure for hosting companies and a part of hosting services's analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Online Privacy Policy Only

This privacy policy applies only to our online activities and is valid for visitors to our website and regarding information shared and/or collected there. This policy does not apply to any information collected offline or via channels other than this website.

Copyright Policy

The name Guestily, Guestily.com and the entire contents of our website, social and help channels belongs to us. The email template we tailor to your property belongs to us. You own and retain the copyright to your images, text and logos submitted for use in your promotions and you agree to our use on your behalf for your promotion, as well as in our social media and promotional activities unless you advise otherwise.