Weestay Help Center
Terms & Conditions

Terms of Service

Welcome to Weestay.com, a service provided by Weestay Limited ("Weestay", "we" "our", or "us").

These Terms of Service govern your use of Weestay (together, the "Website"), our mobile apps (our "Apps"), desktop and mobile websites and all related data and other services provided by Weestay (the "Services").

Acceptance of Terms of Service

Please read these Terms of Services and our Privacy Policy carefully.  If you do not agree to any of the provisions set out in these documents, you should not use the Website, Apps or any of the Services ("Platform").  By using the Platform, registering an account, or by viewing, accessing, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Service and Privacy Policy, will abide by them, and that you are at least 18 years of age or if you are 13 years of age or more and have your parent(s)' or legal guardian(s)' permission to use the Platform.

Changes to Terms of Service

We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time. The date of last modification is stated at the end of these Terms of Services.  It is your responsibility to check this page from time to time for updates.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. This policy can be accessed before logging into Weestay and also after login.

Your Account

When you register to use the Platform via Facebook, Facebook provides us with your email address, firstname and surname. This information and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Service or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Privacy Policy.

Sharing Your Content and Information

You own all of the content and information you post on Weestay and our service is designed to encourage you to express yourself freely.  You can control how your information is shared through your privacy and application settings.  However by submitting your content and information, including content that is covered by intellectual property rights, like photos and videos on Weestay, you hereby grant Weestay a worldwide, non-exclusive, transferable, royalty-free license to use, reproduce, distribute,  display, publish, adapt, make available online or electronically transmit, any of the content.  This license ends when you delete your content or your account unless your content has been shared with others, and they have not deleted it.

When you delete content and information, you understand that even though removed, there may be backup copies for a reasonable period of time but these will not be made available to others.

When you publish content or information using the Public setting, it means that you are allowing everyone (i.e. anyone logged into Weestay) to access that content and information, and to associate it with you (i.e., your name and profile picture).

Weestay does not claim any ownership rights in your Content, and you hereby expressly acknowledge and agree that your Content remains your sole responsibility.

Subject to your strict compliance with these Terms of Service, Weestay grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website.

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Service, Weestay grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

(i) submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Service and any other applicable terms posted on the Website from time to time;

(ii) participate  and communicate with other members of Weestay strictly in accordance with these Terms of Service; and

(iii) use Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Service and any other terms applicable to those Apps or Services from time to time.

Mobile and Other Devices

We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as data transfer fees, will still apply.

Use of the Platform

You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of his/her Content.

You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (a) where such Content is Your Content, or (b) as permitted under these Terms of Service and within the parameters set by the Uploader.

You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.

You must not alter or remove, or try to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).  You will not use our copyrights or trademarks or any confusingly similar marks, except with our prior written permission.

You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

  1. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes extreme violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Weestay's reasonable discretion;
  2. any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  3. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Weestay's reasonable opinion;
  4. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component or codes, which or might overburden, impair or disrupt the Platform, its functionality or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
  5. any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation.

You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.

You must not rent, sell or lease access to the Platform, or any Content on the Platform.

You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Weestay employee.

You will not post anyone's personal identification documents or sensitive financial information on Weestay.

You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.

You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

If you collect information from users, you will obtain their consent, make it clear you (and not Weestay) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Weestay or any user; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Weestay's servers, system or network or attempt to breach Weestay's data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking Weestay's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Weestay under these Terms of Service, Weestay reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Weestay has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

Without prejudice to the conditions set in this Terms of Service you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

Representations and Warranties

You hereby represent and warrant to Weestay as follows:

  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (if relevant) to authorise Weestay pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public/users of Weestay Your Content through the Platform.
  2. Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same through the Platform.
  4. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  5. Your Content does not and will not create any liability on the part of Weestay, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

Liability for Content

You hereby acknowledge and agree that Weestay (i) stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Weestay excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Weestay cannot and does not review the Content created or uploaded by its users, and neither Weestay nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

Weestay and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Weestay or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Reporting Infringements

If you discover any Content on the Platform that you believe infringes your copyright, please report this to us by sending an email to questions@Weestay.com.

Third Party Websites and Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter "External Providers").

Weestay does not have or maintain any control over External Providers, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Providers, Weestay does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Providers.

External Providers may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Weestay with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Providers, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Providers.

You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Providers, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Providers.

Weestay disclaims any and all responsibility or liability for any harm resulting from your use of External Providers, and you hereby irrevocably waive any claim against Weestay with respect to the content or operation of any External Providers.

Blocking and Removal of Content

Notwithstanding the fact that Weestay has no legal obligation to monitor the Content on the Platform, Weestay reserves the right to block, remove or delete any Content at any time, and to limit, restrict or terminate access to any Content and/or the Platform for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Service, or applicable law, or is otherwise unacceptable to Weestay.  We reserve the right to pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Repeat Infringers

Weestay will suspend or terminate your access to the Platform if it is determined, in its reasonable discretion, that you have repeatedly breached these Terms of Service.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behaviour is inappropriate, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Weestay at its discretion.

Disclaimer

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".

WHILST Weestay USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO ITS ATTENTION, Weestay MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. Weestay DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Weestay DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.

Weestay AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.

Limitation of Liability

Weestay AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER  FROM:

  1. ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
  3. INABILITY TO ACCESS/USE THE PLATFORM, THE CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM,
  4. ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  5. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES
  6. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
  7. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
  8. ANY CHANGES THAT Weestay MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES,
  9. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY Weestay OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
  10. ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
  11. YOUR FAILURE TO PROVIDE Weestay WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
  12. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH.

Indemnification

You hereby agree to indemnify, defend and hold harmless Weestay, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

  1. any violation by you of these Terms of Service;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content; and
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Weestay.

Changes to the Platform, Accounts and Pricing

Weestay reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Weestay shall use its reasonable endeavours to notify registered users of such decision in advance.

You hereby agree that Weestay and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Weestay may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

Weestay may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason.

Termination

Once your account has been terminated, any and all Content residing in your account will be irretrievably deleted by Weestay, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Weestay assumes no liability for any material that is irretrievably deleted following any termination of your account.

If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, please see our privacy policy for instructions.

Assignment to Third Parties

Weestay may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring partially or all of the assets or business of Weestay. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Weestay.

Severability

Should one or more provisions of these Terms of Service be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which will remain in full force and effect.

Last edited 2nd April 17