Terms of Service

2.1 Lodgekit is a Software-as-a-Service (SaaS) property management platform designed for student accommodation and room rental management.

2.2 The Service includes, but is not limited to, the following features:

• Room and property inventory management
• Guest and tenant management
• Booking and reservation management
• Payment tracking and automated reminders
• Invoice generation and management
• Financial reporting and analytics
• Integration with third-party accounting software (Xero, MYOB)
• Payment processing through integrated providers (Stripe, GoCardless)
• Multi-user access with role-based permissions
• Guest portal for self-service operations

2.3 We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

2.4 The Service is provided on an "as available" basis. We do not guarantee continuous, uninterrupted, or secure access to the Service.

3.1 To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You must not disclose your password to any third party.

3.3 You agree to immediately notify us of any unauthorised use of your account or any other breach of security by contacting security@lodgekit.com.

3.4 Each user account is for a single individual. You may not share your login credentials with others. Organisations requiring multiple users must purchase appropriate subscription plans that accommodate the required number of team members.

3.5 We reserve the right to disable any user account at any time if, in our sole discretion, we determine that you have violated any provision of these Terms.

3.6 Account administrators are responsible for managing user access within their organisation, including promptly revoking access for individuals who no longer require it.

4.1 Plans. The Service is offered under multiple subscription tiers (Free, Starter, Professional, and Enterprise), each with different features, limits, and pricing as described on our Pricing page.

4.2 Billing Cycle. Paid subscriptions are billed either monthly or annually, depending on your selection at the time of purchase. Annual subscriptions are billed at the start of each annual period.

4.3 Payment Processing. All payments are processed securely through Stripe, our third-party payment processor. By providing payment information, you agree to Stripe's Terms of Service and Privacy Policy.

4.4 Automatic Renewal. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorise us to charge the applicable subscription fee to your designated payment method.

4.5 Price Changes. We may change our subscription prices from time to time. Any price changes will be communicated to you at least 30 days in advance via email. Price changes will take effect at the start of your next billing period.

4.6 Refunds. We offer a 14-day money-back guarantee on paid plans. After this period, fees are non-refundable except where required by applicable Australian Consumer Law.

4.7 Taxes. All prices are exclusive of GST and other applicable taxes unless explicitly stated otherwise. You are responsible for paying all taxes associated with your use of the Service. Australian customers will be charged GST in accordance with applicable law.

4.8 Upgrades and Downgrades. You may upgrade or downgrade your subscription at any time. Upgrades will be charged on a prorated basis for the remainder of the current billing period. Downgrades will take effect at the start of the next billing period.

4.9 Late Payments. If payment fails or is overdue, we may suspend your access to the Service until payment is received. We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month.

5.1 Ownership. You retain all rights, title, and interest in and to any data, content, or information that you upload, submit, or transmit through the Service ("User Content"). We do not claim ownership of your User Content.

5.2 Licence Grant. By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, process, and display your User Content solely for the purpose of operating, maintaining, and improving the Service.

5.3 Data Responsibility. You are solely responsible for the accuracy, quality, and legality of your User Content and the means by which you acquired it. You represent and warrant that you have all rights necessary to submit User Content to the Service.

5.4 Data Portability. You may export your data at any time using the export features available within the Service. Upon termination of your account, we will make your data available for export for a period of 30 days.

5.5 Data Deletion. Upon your request or after the data retention period following account termination, we will delete your User Content from our systems, except where retention is required by law or for legitimate business purposes.

5.6 Backups. While we implement regular data backup procedures, you are responsible for maintaining your own backups of User Content. We shall not be liable for any loss or corruption of User Content.

6.1 You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit viruses, malware, or other harmful code
• Send spam, phishing, or other unsolicited communications
• Attempt to gain unauthorised access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for any fraudulent or deceptive purpose
• Scrape, crawl, or otherwise extract data from the Service by automated means without our consent
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written consent
• Store or transmit any content that is defamatory, obscene, or otherwise objectionable

6.2 We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content, suspending or terminating the account, and reporting such violations to law enforcement authorities.

6.3 Rate Limits. You agree to respect any rate limits, usage quotas, or other technical restrictions imposed on your use of the Service, including API rate limits associated with your subscription plan.

7.1 The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Lodgekit Ltd and its licensors.

7.2 The Service is protected by copyright, trademark, and other laws of Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

7.3 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service strictly in accordance with these Terms for the duration of your subscription.

7.4 Feedback. If you provide us with any feedback, suggestions, or recommendations regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback without restriction or compensation to you.

8.1 Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy.

8.2 By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

8.3 We comply with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Where applicable, we also comply with the General Data Protection Regulation (GDPR) for users in the European Economic Area.

8.4 You are responsible for ensuring that any personal data you submit to the Service about your guests or tenants complies with applicable privacy laws, including obtaining any required consents.

9.1 The Service may integrate with or contain links to third-party services, including but not limited to:

• Stripe – Payment processing
• GoCardless – Direct debit payment collection
• Xero – Accounting and bookkeeping integration
• MYOB – Accounting software integration
• Sentry – Error monitoring and performance tracking

9.2 Your use of any third-party service is subject to the terms and conditions and privacy policies of those third-party providers. We are not responsible for the practices of third-party services.

9.3 We do not warrant or endorse any third-party services and shall not be liable for any damage or loss caused by your use of or reliance on any third-party service.

10.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 We do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements

10.3 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LODGEKIT LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorised access, use, or alteration of your transmissions or content

11.2 Our total aggregate liability to you for all claims arising out of or relating to the use of the Service shall not exceed the greater of: (a) the amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred Australian dollars (AUD $100).

11.3 The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not we have been informed of the possibility of any such damage.

11.4 This clause does not apply to the extent that applicable law, including the Australian Consumer Law, prohibits such limitation.

12.1 You agree to defend, indemnify, and hold harmless Lodgekit Ltd and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your User Content
• Your violation of any third-party rights, including privacy rights
• Your violation of any applicable laws or regulations

13.1 By You. You may terminate your account at any time by using the account settings within the Service or by contacting us at support@lodgekit.com. Cancellation will take effect at the end of your current billing period.

13.2 By Us. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.3 Effect of Termination. Upon termination:

• Your right to use the Service will immediately cease
• You will have 30 days to export your data from the Service
• After the 30-day export period, we may permanently delete your data
• Any outstanding fees remain payable
• Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability

13.4 Free Plan. If you downgrade to or are on a Free plan, your account will remain active subject to these Terms. We may terminate inactive Free accounts after 12 months of inactivity, with 30 days' prior notice.

14.1 These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

14.2 Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties for a period of not less than 30 days.

14.3 If the dispute cannot be resolved through negotiation, it shall be submitted to mediation administered by the Australian Disputes Centre (ADC) in Sydney, Australia.

14.4 If mediation is unsuccessful, either party may submit the dispute to the exclusive jurisdiction of the courts of New South Wales, Australia.

14.5 Nothing in this clause limits either party's right to seek urgent interlocutory or injunctive relief from a court of competent jurisdiction.

15.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new "Last Updated" date.

15.2 For material changes, we will provide at least 30 days' notice before the new terms take effect, via email to the address associated with your account.

15.3 Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Service.

15.4 We encourage you to review these Terms periodically for any changes.

16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Lodgekit Ltd regarding the Service.

16.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16.3 Waiver. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

16.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

16.6 Notices. All notices required or permitted under these Terms shall be in writing and shall be delivered by email to the address associated with your account (for notices to you) or to legal@lodgekit.com (for notices to us).

If you have any questions about these Terms of Service, please contact us: