Terms & Conditions

Terms & Conditions






1.        About the YohoStay Platform


1.  1. Welcome to YohoStay (the 'Platform'). The Platform facilitates interactions between:


(a)       Renter or Tenant (the 'Renter'),


(b)       Rental Provider or Property Owner or Property Manager (the 'Rental Provider'); and


(c)       Contractors or Service providers (‘Tradies’)


making it easier for the Renter, the Rental Provider and Tradies to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').


1.  2. The Platform is operated by YohoStay PTY LTD (ABN 73638262727). Access to and use of the Platform, or any of its associated Products or Services, is provided by YohoStay. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of its Services, immediately.


1.  3. YohoStay reserves the right to review and change any of the Terms by updating this page at its sole discretion. When YohoStay updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.


2.        Acceptance of the Terms


You accept the Terms by using or browsing the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by YohoStay in the user interface.


3.        The Services


3.  1. In order to access the Services, all the users the Renter, the Rental Provider and Tradies are required to register for an account through the Platform (the 'Account').


3.  2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:


(a)       Email address


(b)       Mailing address


(c)       Telephone number


(d)       Password

(e)       Details of property to be rented/leased (Rental Provider).

(f)         Details for your Renter Profile and application (Renter).

(g)       Details of the maintenance and repair services you provide (Tradie).


3.  3. You warrant that any information you give to YohoStay in the course of completing the registration process will always be accurate, correct and up to date.


3.  4. Once you have completed the registration process, you will be a registered member of the Platform ('Member') and agree to be bound by the Terms.


3.5. You may not use the Services and may not accept the Terms if:


(a)       you are not of legal age to form a binding contract with YohoStay; or


(b)       you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.


4.        Your obligations as a Member


4.1.As a Member, you agree to comply with the following:


(a)       you will not share your profile with any other person;


(b)       you will use the Services only for purposes that are permitted by:


(i)           the Terms; and


(ii)         any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;


(c)       you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;


(d)       any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify YohoStay of any unauthorised use of your password or email address or any breach of security of which you have become aware;


(e)       you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;


(f)         any content that you broadcast, publish, upload, transmit, post or distribute on the Platform ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.


(g)       you agree not to harass, impersonate, stalk, threaten another Member of the Platform (where interaction with other Members is made available to you);


(h)       access and use of the Platform is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of providing the Services;


(i)         you will not use the Services or the Platform in connection with any

commercial endeavours except those that are specifically endorsed or approved by the management of YohoStay;


(j)         you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platform;


(k)       you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by YohoStay for any illegal or unauthorised use of the Platform; and


(l)         you acknowledge and agree that any automated use of the Platform or its Services is prohibited.


5.        Using the Platform as the Renter


5.  1.Renters will review the properties available for rent/lease and confirm their interest in one or more properties. They will provide their tenancy requirements and seek appointment to visit the property in person. They will confirm their acceptance of (or reject) a particular property. They will fulfil payment and any other mandated disclosure requirements to occupy the property on rent/lease.


6.        Using the Platform as the Rental Provider


6.  1.Rental Providers will provide complete and accurate details about their properties that are available for rent/lease, including photographs and fair market price. They will accept requests for property visits by Renter. They will accept (or reject) interest shown by Renter in renting/leasing a particular property.


7.        Using the Platform as Tradie


7.  1. Tradies will provide complete and accurate details about their skills and expertise, services that they provide, service area and fair market price. They will review and accept relevant requests for maintenance tasks by Renters or Rental Providers. They will coordinate with the requester, complete the tasks and get paid by agreed mode of payment.


8.         Payment


7.1.By YohoStay offering the Services to you, you agree that:


(a)       You will make all payments on a timely basis, including but not limited to - subscription fee to list the property, tenant background fee check, agreed percentage of monthly rental cost and maintenance/repair costs, etc.


7.  2.All payments made in the course of your use of the Services are made using Stripe. In using the Platform, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Platform.


8.        Refund Policy


8.  1.Since YohoStay is only a facilitator in introducing the Renter to the Rental Provider and providing a system to make safe payment, YohoStay does not hold any liability to the Renter directly and will not personally refund them any payments made in the use of Services.

8.  2.Notwithstanding the above clause, if a Renter is unsatisfied with the services provided by the Rental Provider or believes that they may be entitled to a refund, then YohoStay requires the Renter to:


(a)       contact the Rental Provider directly to request a refund; and


(b)       if contacting the Rental Provider is not successful after fourteen (14) days, contact YohoStay through the 'Contact Us' section of the Platform outlining why you believe you are entitled to a refund so we are able to determine if the Rental Provider should be removed from the Services.


8.  3.If contacted by a Renter who is requesting a refund pursuant to the above clause, the Rental Provider agrees that it will immediately:


(a)       complete the YohoStay refund request form (the 'Request Form') provided on the Platform; and


(b)       provide both the Request Form and the email from the Renter requesting the refund to YohoStay.


8.  4.If the Rental Provider agrees to a refund, it is acknowledged that the Rental Provider will instruct YohoStay to refund all or part of the payments made to the Renter directly, less any fees and charges incurred by YohoStay in processing the refund.


8.  5.Both the Renter and Rental Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.


9.        Copyright and Intellectual Property


9.  1.The Platform, the Services and all of the related products of YohoStay are subject to copyright. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by YohoStay or its contributors.


9.  2.All trademarks, service marks and trade names are owned, registered and/or licensed by YohoStay, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:


(a)       use the Platform pursuant to the Terms;


(b)       copy and store the Platform and the material contained in the Platform in your device's cache memory; and


(c)       print pages from the Platform for your own personal and non-commercial use.


YohoStay does not grant you any other rights whatsoever in relation to the Platform or the Services. All other rights are expressly reserved by



9.  3.YohoStay retains all rights, title and interest in and to the Platform and all related Services. Nothing you do on or in relation to the Platform will transfer any:


(a)       business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or


(b)       a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or


(c)       a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),


to you.


9.  4.You may not, without the prior written permission of YohoStay and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platform, which are freely available for re-use or are in the public domain.


9.  5.Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Platform, then you grant to YohoStay a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.


10.    Privacy


YohoStay takes your privacy seriously and any information provided through your use of the Platform and/or Services are subject to YohoStay's Privacy Policy, which is available on the Platform.


11.    General Disclaimer


11.   1. Nothing in the Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.


11.  2.    Subject to this clause, and to the extent permitted by law:


(a)       all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and


(b)       YohoStay we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee),

loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.


11.   3. Use of the Platform and the Services is at your own risk. Everything on thePlatform and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of YohoStay make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of YohoStay) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:


(a)       failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;


(b)       the accuracy, suitability or currency of any information on the Platform, the Services, or any of its Services related products (including third party material and advertisements on the Platform);


(c)       costs incurred as a result of you using the Platform, the Services or any of the products of YohoStay; and


(d)       the Services or operation in respect to links which are provided for your convenience.


11.   4. You acknowledge that YohoStayPlatform and the Services are only intendedto facilitate the interactions between the Renter and the Rental Provider and does not offer any services other than the Services and YohoStay holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).


12.    Competitors


If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of YohoStay. Competitors are not permitted to use or access any information or content on our Platform. If you breach this provision, YohoStay will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.


13.    Limitation of Liability


13.   1. YohoStay's total liability arising out of or in connection with the Services orthese Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply

of the Services to you.


13.   2. You expressly understand and agree that YohoStay, its affiliates, employees,agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.


13.   3. You acknowledge and agree that YohoStay holds no liability for any direct,indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Platform.


14.    Termination of Contract


14.   1. If you want to terminate the Terms, you may do so by providing YohoStay with30 days' notice of your intention to terminate by sending notice of your intention to terminate to YohoStay via the 'Contact Us' link on our homepage.


14.  2.    YohoStay may at any time, terminate the Terms with you if:


(a)       you have breached any provision of the Terms or intend to breach any provision;


(b)       YohoStay is required to do so by law;


(c)       YohoStay is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or


(d)       the provision of the Services to you by YohoStay is, in the opinion of YohoStay, no longer commercially viable.


14.   3. Subject to local applicable laws, YohoStay reserves the right to discontinue orcancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts YohoStay's name or reputation or violates the rights of those of another party.


14.   4. When the Terms come to an end, all of the legal rights, obligations andliabilities that you and YohoStay have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.


15.    Indemnity


15.   1. You agree to indemnify YohoStay, its affiliates, employees, agents,contributors, third party content Rental Providers and licensors from and against:


(a)       all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;


(b)       any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or


(c)       any breach of the Terms.


16.    Dispute Resolution


16.1.          Compulsory:


If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).


16.2.          Notice:


A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.


16.3.          Resolution:


On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:


(a)       Within 15 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;


(b)       If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;


(c)       The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;


(d)       The mediation will be held in 16 Grosvenor Crescent, Derrimut, Victoria, 3026, Australia.


16.  4.   Confidential


All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

16.5.          Termination of Mediation:


If 45 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.


17.    Venue and Jurisdiction


The Services offered by YohoStay is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.


18.    Governing Law


The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.


19.    Independent Legal Advice


Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.


20.    Severance


If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.




Last Updated: 1 November 2021