Effective Date: 17 January 2026
ABN: 66 694 395 787 | GUESTGAIN PTY LTD
IMPORTANT LEGAL NOTICE
These Terms of Service ("Terms") constitute a legally binding agreement between you and GUESTGAIN PTY LTD ("GuestGain," "we," "us," or "our"). By accessing or using the GuestGain platform at guestgain.ai (the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
In these Terms, unless the context otherwise requires:
2.1. Agreement to Terms: By accessing, browsing, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific services or features.
2.2. Legal Capacity: You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts under Australian law.
2.3. Authority: If you are using the Platform on behalf of a company, organisation, or other entity, you represent that you have the authority to bind that entity to these Terms.
2.4. Modifications: We reserve the right to modify these Terms at any time. Material changes will be notified via the Platform or email. Continued use after such notification constitutes acceptance of the modified Terms.
3.1. Facilitator Status: GuestGain operates as a technology platform that facilitates connections between Hosts and Guests. GuestGain is not a party to any agreement between Hosts and Guests regarding Tasks or Rewards. We do not guarantee, endorse, or assume responsibility for the quality, condition, or availability of any Property, the completion of any Task, or the payment of any Reward.
3.2. Host Services: Hosts may use the Platform to: (a) register Properties; (b) define Tasks and associated Rewards; (c) upload Booking data via CSV or PMS integration; (d) review Guest submissions; and (e) manage reward distributions.
3.3. Guest Services: Guests may use the Platform to: (a) verify their Booking; (b) view available Tasks for their Property; (c) submit User Content as evidence of Task completion; and (d) receive Rewards upon successful verification.
3.4. Verification System: Task completion is verified through the Truth Engine, which employs AI-assisted analysis of submitted User Content. Final approval decisions may involve human oversight. The verification decision is at the sole discretion of GuestGain and/or the Host.
Proprietary Technology Notice
4.1. GuestGain IP: GUESTGAIN PTY LTD holds exclusive title to all intellectual property rights in and to the Platform, including but not limited to:
4.2. Licence to Use Platform: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes.
4.3. Restrictions: You must not: (a) copy, modify, or create derivative works of the Platform; (b) reverse engineer, decompile, or disassemble any part of the Platform; (c) attempt to extract or replicate the Truth Engine or Forensic Submission System algorithms; (d) use any automated means to access the Platform except with our express written permission; or (e) remove or alter any proprietary notices.
5.1. Ownership: You retain ownership of User Content that you submit to the Platform. However, by submitting User Content, you grant GuestGain the licences described below.
5.2. Licence Grant: By submitting User Content (including photographs and videos) to the Platform, you grant to GUESTGAIN PTY LTD a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such User Content for:
5.3. Representations: You represent and warrant that: (a) you own or have the necessary rights to grant the licences in this Section; (b) the User Content does not infringe the intellectual property or privacy rights of any third party; and (c) the User Content does not contain any material that is defamatory, obscene, or unlawful.
5.4. Metadata: You acknowledge that User Content may contain metadata (including EXIF data, GPS coordinates, timestamps, and device information) and consent to our collection and analysis of such metadata for verification and fraud prevention purposes.
6.1. Guest Obligations: Guests agree to:
6.2. Host Obligations: Hosts agree to:
6.3. Prohibited Conduct: Users must not:
7.1. Platform Disclaimer: THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.2. No Guarantees: GuestGain does not guarantee: (a) the accuracy or reliability of the verification system; (b) that any Task will be approved or any Reward will be paid; (c) the conduct, identity, or reliability of any User; (d) the quality or condition of any Property; or (e) uninterrupted or error-free operation of the Platform.
7.3. Third-Party Services: The Platform may integrate with third-party services (including payment processors and property management systems). We are not responsible for the actions or omissions of such third parties.
Important: Please read this section carefully.
8.1. Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified by agreement.
8.2. Limitation: To the maximum extent permitted by the ACL and other applicable Australian law, GuestGain's total aggregate liability to you for any claims arising out of or in connection with these Terms or your use of the Platform (whether in contract, tort including negligence, statute, or otherwise) is limited to the greater of:
8.3. Exclusion of Consequential Loss: To the maximum extent permitted by law, GuestGain will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising from:
8.4. Essential Purpose: The limitations in this Section apply regardless of whether GuestGain has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify, defend, and hold harmless GUESTGAIN PTY LTD, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) User Content submitted by you.
10.1. By GuestGain: We may suspend or terminate your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms or engage in fraudulent activity.
10.2. By You: You may terminate your use of the Platform at any time by ceasing to use the Platform and, if applicable, by requesting account deletion.
10.3. Effect of Termination: Upon termination: (a) your right to use the Platform ceases immediately; (b) the licence grants in Section 5 survive termination; (c) any accrued rights and obligations survive termination; and (d) Sections 4, 5, 7, 8, 9, 11, and 12 survive termination.
11.1. Governing Law: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
11.2. Jurisdiction: You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts of appeal therefrom, for the resolution of any dispute arising out of or in connection with these Terms.
11.3. Informal Resolution: Before initiating any legal proceedings, you agree to first contact us at legal@guestgain.ai to attempt to resolve the dispute informally.
12.1. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and GuestGain regarding the Platform and supersede all prior agreements and understandings.
12.2. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
12.3. Waiver: No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
12.4. Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
12.5. Force Majeure: GuestGain will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.
12.6. Notices: Any notices to GuestGain must be sent to legal@guestgain.ai. We may provide notices to you via email or by posting on the Platform.
GUESTGAIN PTY LTD
Email: legal@guestgain.ai
Website: guestgain.ai
For legal enquiries, service of process, or dispute resolution matters, please contact our legal team at the email address above.