The GtoB platform is made available by Good to Book Pty Ltd ABN 89 641 326 570.

These are the Members Terms and Conditions we use for your use of our platform via your Property Management Software provider (“PMS”) or Online Travel Agent (“OTA”)

To access our platform or services via your PMS or OTA, you are required to become a member with us first. You must carefully read these Members Terms and Conditions and tick a box to agree to be bound by these terms. Once you tick the box, you are bound by these Members Terms and Conditions, our website Terms of Use [www.goodtobook.com/legal/website-terms-of-use], Privacy Policy [www.goodtobook.com/legal/website-privacy-policy], Disclaimer [www.goodtobook.com/legal/website-disclaimer], and any other documents we make available to you directly, via your PMS or OTA, or publish through our website from time to time, whether you have read them or not.

If there is any part of these terms and conditions that you do not understand, please let us know before agreeing to these terms.

Terms and Conditions

1. Definitions
   
   1. GtoB, us, we or ours means Good to Book Pty Ltd ABN 89 641 326 570.
   2. OTA means Online Travel Agent.
   3. Platform means www.goodtobook.com, our database and OAuth API is hosted through Amazon Web Services (AWS) Sydney, any subsites, other applications and related social media or other online areas under our control including blogs and message boards.
   4. PMS means Property Management Software provider.
   5. Services means the searchable, rogue guest database service we provide via our platform.
   6. Registered STAP, you or yours means you, a Short Term Accommodation Provider who is signing up to become a member of our services and seeking access to our platform via your PMS or OTA.
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2. How does it work?
   
   1. You have been provided with these Members Terms and Conditions because your PMS or OTA holds a license from us to integrate our platform with its system and offer it as part of its services.
   2. To gain access to our platform via your PMS or OTA, you must agree to these Members Terms and Conditions first.
   3. Our agreement with your PMS or OTA may mean they include our service in your membership with them, or they charge you for use of our service, or we charge you directly for your use of our platform. If your PMS or OTA charges you a fee for access to our platform, any payment arrangement is directly between you and your PMS or OTA. We have no involvement in that arrangement.
   4. If you have any questions or experience any issues accessing our platform, please contact your PMS or OTA directly.
   5. Please understand that these Members Terms and Conditions only govern your use of our platform. Your relationship with your PMS or OTA continues to be governed by their terms and conditions. We have no involvement in that relationship. What this means is that your PMS or OTA may terminate your access to our platform at any time (eg. if you no longer use their services). That is outside our control.
   6. If your PMS or OTA ceases to have access to our platform for whatever reason (eg. if its license with us expires), you will automatically lose your access to our platform. We have no liability to you for any loss or damage you suffer if you are unable to access our platform.
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3. Our platform
   
   1. Only our members, partners, administration, service providers, and law enforcement agencies (if required) have access to the members’ area of our platform.
   2. You may change the settings within your member account on our platform to receive notifications from us.
   3. If you have your notifications setting turned on, we will send you an alert if rogue guest information is uploaded to our platform by our other members within a certain kilometre radius of your accommodation address. You may set your preference for the kilometre radius for which you would like to receive notifications. We aim to have our platform operating in real time however there may be times when a delay in sending out the information is experienced due to reasons beyond our control.
4. Term
   
   1. Your access to our platform commences on the date you become a member with us and continues for the period you use your PMS or OTA’s services and their license with us remains current and fully paid.
   2. We may terminate your access to the platform by providing you seven (7) days written notice, if you fail to comply with your obligations under these terms and conditions.
   3. We may terminate your access to our platform immediately if:
      
      1. You commit a serious breach of these terms;
      2. We have concerns for the safety of any person; or
      3. Your PMS or OTA ceases to have access to our platform for whatever reason.
   4. Effect of termination:
      
      1. Upon termination, you will no longer be able to:
         
         1. Access or search our database and our services;
         2. Upload information to our database; or
         3. Use any tools or resources available to you within the members area of our platform.
5. Your obligations
   
   1. You warrant and agree that:

Managing your access

1. you will limit access to the platform to those individuals within your business or organisation who have been specifically authorised and adequately trained in the correct and secure use of the platform. You will ensure that authorised users understand their obligations to protect confidential information and comply with all relevant privacy laws.
2. you will implement appropriate security measures to prevent unauthorised access, disclosure, alteration, or destruction of confidential information and personal data. These measures include, but are not limited to, restricting login credentials to authorised personnel only, regularly updating passwords, and monitoring access logs to detect and respond to any suspicious activities.
3. you will immediately notify us if you suspect any breach of security or unauthorised access to the platform.
4. you are at all times solely responsible for all actions taken using your account (including searching, uploading and using information accessed), whether the use was authorised by you or not.

Use of our platform

1. you understand that the database is strictly a ‘read only’ source of information to enable you to make decisions about guests. You may record the result (for example, ‘this guest is not listed on the database’ or ‘this guest was recorded as a rogue guest on [date]’) however you may not attempt to copy or remove personal information of rogue guests from the database. This means you agree to not take screen shots, record, manually save or otherwise copy information for your use or storage.  
2. you will be honest and fair when using our platform. This means you will accurately report conduct of rogue guests and will only provide details of what actually happened. Our platform may not be used as a tool for revenge, pettiness or nastiness.
3. you will only use the database for its intended purpose, only search for guests who have (or have requested to make) a booking with your accommodation services and only upload information about guests who have stayed at your accommodation and legitimately caused harm.
4. any information you provide to us about your business will be true, accurate and complete.
5. any information you upload to our platform about rogue guests will be true, accurate and complete and will not infringe any third party copyright or privacy or other rights.
6. you will not cause reputational harm to us in any manner including by poor dealings with guests.

Guest consent

7. you will obtain written consent from each of your guests to have their personal information shared with us by you, and be used by us in accordance with our Privacy Policy. This can be via a pop-up consent box for electronic bookings or in person (hard copy or electronic) for guests booking directly at your premises.
8. you will retain a copy of guest consents for a period of five (5) years and provide us with a copy of the consent within seven (7) days if we ask for it.

Compliance obligations

1. you own and operate your registered STAP business as your principal business activity, and you will run your registered STAP business in accordance with the Privacy Laws and other applicable laws of your jurisdiction.
2. if you choose to use the notices that we provide in the members area to help our members comply with some of their legal obligations (eg. privacy and disclosure notices to display to guests), you will use those resources in accordance with our License Agreement  (also linked in the members area) and understand that adopting those resources does not mean you have fully discharged your legal obligations. You need to consider your own circumstances and take all necessary steps to ensure that your business is fully compliant (eg. implement additional policies and seek professional advice where appropriate). The legal compliance of your business remains your sole responsibility at all times.

2. You understand we are relying on your warranties as a condition of allowing you to use our platform.

6. What you may upload
   
   1. Provided you have obtained lawful written consent from your guest(s), you may upload:
      
      1. information that is relevant and relates to the categories and requested information within the reporting area of the platform. This might include the full names, identification and personal information about the guest together with details (using the check boxes) of the problematic behaviour. Images should relate to identification only.
      2. security footage if it is relevant and identifies the guest, however be mindful of the size limits for uploads.
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7. What you may not upload
   
   1. You may not upload information or images that are untruthful, misrepresent the truth, disrespectful, discriminatory, unlawful or distasteful.
   2. You may not include opinions in the comments area. You agree to keep information to the facts only.
   3. You may not upload your supporting evidence (for example images of damage caused by the guest). This information must be retained by you for at least five (5) years from the date you upload the guest information.
   4. If the incident involves a police investigation, you should check with the police if there are any restrictions on information you may disclose before uploading your report to our platform.
   5. Images or security footage should only include the guest involved in the report or their companions/associates for which you also have written consent.  
   6. Specific examples of things you may not upload include:
      
      1. Images showing nudity.
      2. Images showing sexual or explicit material.
      3. Images showing minors or comments that name minors.
      4. Comments that are discriminatory including sexist, racist or religious remarks.
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8. What proof do you need to support your report?
   
   1. You must accurately and truthfully report information into our database and keep full reports and evidence within your own system to validate the information you upload. For example, if you upload that the guest caused excessive cleaning requirements at your accommodation to our platform, you must retain photographic evidence supporting this claim.
   2. If required by us for any reason, for example if we receive a request from a rogue guest to remove their listed information, we may require you to provide us with a copy of your supporting evidence.
   3. If so requested, you must provide the supporting evidence within seven (7) days of our request, or we may suspend your membership or exercise any other rights we may have.
   4. You are liable for any loss or damages that may be suffered by a guest or us if you upload false or misleading information.
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9. What we agree:
   
   1. We will:
      
      1. provide our services and maintain the platform in a competent and professional manner.
      2. endeavour to make the platform available as often as possible excluding downtime for maintenance or for reasons beyond our control.
      3. provide resources and tools (eg. forms) via the platform to assist you in using the platform within your business as part of your risk minimisation strategy. However, we do not guarantee that all the tools you may need will be available, nor do we warrant their accuracy or suitability for your business. It remains your responsibility to ensure that your business complies with all relevant requirements and meets its specific needs.
      4. collect and store uploaded personal information of you and your guests in accordance with our Privacy Policy.
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10. Security
    
    1. While we use our best endeavours to maintain the security of our website, we do not guarantee the security of our services and its content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
    2. Continuous accessibility to our website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
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11. Disclaimer
    
    1. We do not warrant the accuracy of information on our platform. Rogue guest information is uploaded to our platform by registered STAP members and we do not check the information for accuracy. There is always a possibility of misuse of our platform or the unintentional upload of fraudulent information of which we are unaware. We are not liable for any reason, to any person, for the information uploaded to our platform or any use made of it.
    2. Our platform is a risk mitigation tool, it does not take away the risk of having guests stay at your accommodation. We cannot control the behaviour of guests. We only aim to provide you with information about problems other registered STAP members have encountered with known rogue guests. Any past behaviour of rogue guests may not be indicative of their future behaviour and is not a guarantee that they will not cause greater loss or damages to your business. If you decide to accept accommodation with a rogue guest listed our database, we are not a party to any agreement you reach with that guest and you accept full responsibility for your entire relationship with that guest.
    3. We rely on registered STAP members to upload information about rogue guests to our platform. Not all rouge guests will be listed in our database (eg. if it is their first time staying at a hotel, or if their previous accommodation providers are not members with us and did not upload information about them to our platform). Please understand that just because a person is not marked as a rogue guest on our platform, does not mean that they are a ‘good guest’ or that you will not suffer any loss or damages by accepting a booking with them.
    4. While we aim to provide tools and resources for your use (for example privacy and disclosure information to give to guests), it is your sole responsibility to make sure you comply with all laws and obligations you may have and we make no warranty the material we supply will be accurate, up-to-date, relevant or sufficient for your business or for any jurisdiction. You need to consider your own circumstances and take all necessary steps to ensure that your business is legally compliant (eg. implement additional policies and seek professional advice where appropriate).
    5. We are not liable for loss, damage or harm suffered by any person from your use or another party’s use of the platform, any tools or resources available on the platform or any interactions with others on the platform or guests.  
    6. The platform is provided to you on an ‘as is where is’ basis and we provide no warranty that the platform (or any content contained on it) will be suitable for your use or error free.
    7. We accept no responsibility for any fault or error in the platform or for any fault of any third-party provider used via the platform (for example our website host).
    8. We may impose obligations on third parties (eg. require any third party we share personal information with to have a compliant privacy policy) but are not obliged to do so. We will not be liable to you or any other person if we do or do not impose the obligation.
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12. Limitation of Liability
    
    1. To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:
       
       1. the total aggregate liability to us for any claim(s) by you in respect of any service we provide to you is limited to the amount actually paid by you to us in the twelve (12) month period prior to the date of the claim from which the liability arose (even if the amount paid was zero).
       2. if there is any fault in the services, our liability will be limited to:
          
          1. the supplying of the services again; or
          2. the repair of any fault in the services caused by us.
    2. This limitation of liability clause survives any termination or expiration of these terms and conditions, or your use of our services.
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13. Intellectual Property and Copyright
    
    1. All intellectual property rights, including copyrights, in the platform and its content are owned by or licensed to us. You may not use, reproduce, distribute, display, or create derivative works from any content on the platform without our express written permission or as permitted by applicable law.
    2. You acknowledge that any content you upload to the platform (your content) must not infringe on the intellectual property rights of any third party. You warrant that you hold all necessary rights and permissions to upload your content and grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your content in connection with the operation of the platform.
    3. We reserve the right to remove or disable any of your content that we believe, in our sole discretion, infringes upon the intellectual property rights of others. You will indemnify us against any claims arising from the infringement of intellectual property rights by your content.
    4. If you believe that any material on our platform infringes your intellectual property rights, please notify us in writing with sufficient details for us to investigate and, if necessary, remove the infringing material.
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14. Indemnity
    
    1. You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs to the extent permitted by law, and reasonable legal fees) related to:
       
       1. any content you post to our platform,
       2. your unauthorised use of our platform, or products or services included or advertised on our website,
       3. your breach of any warranties you have given to us or your breach of these terms and conditions, and or
       4. your relationship with your PMS or OTA.
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15. General  
    
    1. Days means calendar days, unless otherwise stated in these terms and conditions.
    2. Notices –  
       
       1. Any required notice between the parties, including a notice of cancellation, may be provided electronically in writing to us at admin@goodtobook.com or you via the email contact details you provided to us in our ‘Sign-Up Form’, or as later notified in writing.
       2. Notices sent electronically are deemed to have been received on the same business day if sent prior to 4.00pm on that business day and otherwise, the next business day (where a business day is a day that is not a public holiday, Saturday, or Sunday in Queensland, Australia).
    3. Relationship – We are providing services to you as an independent contractor and nothing in these terms and conditions should be interpreted to suggest otherwise.
    4. Assignment – The services are personal to you and cannot be assigned to any other person.  
    5. No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under these terms and conditions.
    6. Governing law – These terms and conditions are governed by the laws of Queensland, Australia, and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if there was a serious dispute between you and us.
    7. Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
    8. Entire agreement – These Members Terms and Conditions, together with our website Terms of Use, Privacy Policy, Disclaimer, and any other documents we make available to you directly or publish through our website/platform from time to time, form the complete agreement between us. Anything else agreed between us does not form part of this agreement.

Electronic Acceptance – This agreement may be entered into by ticking or checking the ‘I agree’ box on our website, by written confirmation from you sent to us by electronic means, including via email. Where a signature is indicated, each party agrees to accept a type written or electronic signature of the other party as binding acceptance of the terms and conditions of this agreement.