Terms & Conditions
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At Tubstay, we aim to keep things simple and straightforward. We’ve crafted our terms and conditions to be as easy to understand as possible. If there’s something you don’t understand, let us know, and we’ll try our best explain it.
We update our terms and conditions occasionally, so please check them each time you visit to ensure you know what they say. We’ll make the assumption that you’ve read them every time you visit us.
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1. Some Definitions
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- Site:Â www.tubstay.com
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- Owner: Tubstay LTD, Oswald Lane, Cromarty, IV11 8AB
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- Us, We, Our: Either the Site or the Owner or both
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- You, Your: A visitor to our Site for any purpose whatsoever
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- Booking: Reserving a Property with one of our Members
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- Property: Any property offered for Rental on the Site by one of our Members
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- Rental: The rental of a Property from one of our Members
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- Members: The owners of the properties we advertise on the Site
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2. The Contract
These terms and conditions govern the relationship between us and are intended to form the basis of an agreement between us and you. If you do not agree with them, please leave the Site and do not make a Booking.
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3. Your Obligations
You promise/warrant that:
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- You are over 18 and have the legal authority to enter into this contract.
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- You have read and understood these terms and conditions and any revisions.
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- You will read and understand the terms and conditions of any website we link to.
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- You will comply with the terms and conditions applying to any Rental you undertake.
You won’t:
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- Use robots, spiders, scrapers, or similar things on the Site.
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- Try to bypass any measures we put on the Site to stop or limit access to parts of it.
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- Do anything that might cause our systems to crash.
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- Steal the Site or any part of it for use in any other site or application.
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- Try to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any programs we use in connection with the Site or the services it offers.
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- Copy, imitate, or use the trademarks, designs, layout, or any other intellectual property we own.
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4. Intellectual Property
Either we, one of our Members, or a third party owns the intellectual property on the Site. By continuing to use it, you acknowledge that such material is protected by law.
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- You must not reproduce, copy, distribute, store, or reuse material from the Site unless we give you written permission.
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- You will only post information on the Site if you have the right to use all intellectual property associated with it.
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- If you infringe on someone else’s intellectual property rights, you will indemnify us against any losses we incur as a result.
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5. Our Legal Status
We:
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- Are not your agent.
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- Are not an agent for any Member.
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- Are not responsible for collecting any Rentals, fees, or payments due to or from any of our Members.
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- Are an advertising platform only and have no control over, nor are we responsible for, the quality of any Property or ensuring the facilities offered are available to you. However, we will take any complaint you wish to make against any Member seriously.
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- Are not and will not be a party to any contract between you and any of our Members.
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6. Feedback
If you rent a Property from a Member, we ask you to leave a review of that Member and the Property you have occupied. The following rules apply to feedback:
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- It must be true and honest.
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- It must not be defamatory.
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- It must relate only to a Member you have dealt with and a Property you have personally occupied.
You grant us an exclusive and royalty-free license to use any feedback you publish for any purpose and in any part of the world, with or without acknowledging you as the author. We have the sole and absolute right to remove any feedback for any reason.
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7. Force Majeure
If something outside our control happens—such as riots, floods, war, strikes, and similar events—we are not liable and do not have to compensate you if any delays or problems occur.
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8. Privacy
You agree that our Privacy and Cookie Policy is part of these terms and conditions.
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9. Disclaimers
We are an advertising platform only and do not inspect any of the Properties offered through the Site. Ensure a Property meets your particular requirements before making a Booking, as we are not responsible for any problems or issues that arise.
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- We can’t promise that the Site will meet your needs, work properly, be fit for a particular purpose, or not infringe on the rights of others.
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- We can’t promise that the Site will work with all systems, be secure, or that all information provided will be accurate.
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- We don’t give advice on the Site. Please consider this when making decisions.
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- As we cannot know and understand your personal circumstances, we cannot guarantee any specific outcome based on the information we provide on the Site. All information is provided as a general suggestion, not as a warranty.
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- We take reasonable effort to test material before placing it on the Site. In the unlikely event of any loss, disruption, or damage, we cannot be held responsible for any loss, disruption, or damage to your data or computer system from using material derived from the Site.
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10. Problems
We strive to ensure you do not experience any problems when using the Site or making a Booking. If you do, inform us immediately.
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- We will do our best to resolve the problem quickly and without charge if we agree you have a problem.
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- As we are neither your agent nor the agent of any Member, we cannot provide any dispute resolution service between you and any Member.
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11. Availability of the Site
We do not guarantee that the Site will always be available. If it’s not available for any reason, you can’t hold us responsible for any loss resulting from this.
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- We have the right to change the Site and the services it offers, suspend it, or stop it at any time.
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12. Limitation of Liability
As far as the law allows, and on behalf of ourselves and our employees, directors, and others who work with us, we deny liability for any losses you incur from visiting the Site or using the services offered by a Member. You use the Site at your own risk.
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- We will not be liable for any indirect or consequential loss you may suffer, even if we might have foreseen that loss or you told us it might happen.
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- Nothing in these terms and conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
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- Nothing in these terms and conditions takes away any rights you may have if you are a consumer.
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13. Offensive or Incorrect Content
If something on the Site offends you or seems defamatory, please inform us, and we will consider changing it.
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14. Links to Other Websites
We don’t control any of the websites we link to and can’t be responsible for their content. We disclaim liability for any losses from using them.
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- Just because we link to a site does not mean we endorse or recommend it.
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- We can never guarantee that a link will work.
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- If you find any link we offer offensive, please let us know, and we will consider removing it.
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- If you link to another site using our Site, separate conditions will apply to those sites, and we have no control over those conditions. You agree to read and understand them before using those sites.
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15. Modifications to These Terms and Conditions & the Site
These terms and conditions will change from time to time, and we don’t have the resources to notify all visitors of changes. You agree to check this page to ensure you are aware of any changes. Whenever you access the Site, you confirm that you are aware of any changes.
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- We have the right to change the Site as we want, but these terms and conditions will still apply to any changes.
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16. General Stuff
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- Operative Law: This Agreement is governed by the laws of England and Wales, and this is the only jurisdiction that can govern it.
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- Partnership/Joint Ventures: This Agreement does not form the basis of any partnership or co-venture between you and us.
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- Effect of Agreement: This Agreement supersedes any previous agreement between you and us regarding the matters dealt within them and represents the entire understanding between us.
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- Time of the Essence: Time is not of the essence in any part of this Agreement.
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- Warranties: All parties acknowledge that they have not entered into this Agreement in reliance on anything said or promised by the other that is not in these terms and conditions.
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- Unenforceability: If a Court or other body says any part of these terms and conditions is unenforceable, the rest will stand.
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- Notices: If either you or we need to give formal notice to the other, it must be done by email to the address provided by each party from time to time.
- Entire Agreement: These terms and conditions contain the entire understanding between us.
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- Facebook Group: Posting rights within the associated Facebook group is granted upon successful submission of a listing to the tubstay website.
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- Multiple property listings: A multiple property listing reserved for a single owner of multiple properties. These should not be shared with other property owners. Any abuse of this may result in listing being removed.