Terms of Service

Nestbys is an online marketplace and introduction service. We provide discovery, messaging, trust and workflow tools that help hosts and guests find each other and communicate. We are not a real estate agent, letting agent or property manager, and are not licensed under the Property Occupations Act 2014 (QLD) or any equivalent legislation. We do not own, manage, let, or inspect properties as an agent, and we do not provide real estate, legal, tax or financial advice.

Any accommodation arrangement is solely between the host and the guest. Decisions about who to live with, the terms of any stay, move-in and move-out, house rules, and all rights and responsibilities under any agreement or applicable tenancy law are entirely between those two parties. Nestbys is not a party to, and is not responsible for, that arrangement.

Nestbys does not hold, collect, process, escrow or handle rent, bond or deposit money. Rent and any bond or deposit are arranged and paid directly between host and guest. Where a bond applies, it is the parties’ responsibility to handle it lawfully — for example, in Queensland a residential bond is lodged with the Residential Tenancies Authority (RTA), not with Nestbys.

The only money Nestbys collects is its own flat service fee for use of the platform. Our fees are:

• a one-off connection fee per side, payable once you and a host agree on a room; and
• an ongoing membership fee per side, for access to platform tools and the homestay toolkit while your stay is active — charged weekly, or at a lower rate if you prepay your stay upfront. The current amounts are always shown on your billing page before you pay.

These fees are never a percentage of rent or bond. Our fee is entirely separate from any rental arrangement. Fees are shown before you pay and described on your billing page. Optional paid features (such as identity verification or a home inspection) are described separately.

You must be 18 years of age or older to create an account or use Nestbys. By creating an account, you confirm that you are 18 or over. We do not facilitate introductions for anyone under 18.

For privacy, members are identified on public-facing parts of the platform by a member number rather than their full name. Real identity details are only shared where you have chosen to exchange them (e.g. after you have agreed and connected).

Trust features — identity checks, background checks, home inspections, and trust badges — are point-in-time checks performed by accredited third-party providers to help you make a more informed decision. They are not a guarantee of any person’s identity, conduct, honesty or safety, or of the condition, suitability, or legal compliance of any property. A badge or inspection result reflects a check carried out at a specific moment in time; circumstances may change. You must still exercise your own judgement and do your own due diligence before committing to any arrangement.

To keep everyone safe and to protect our service, please keep your communication on Nestbys until you have agreed and connected. Attempting to move a connection off-platform to avoid fees, or sharing contact or payment details before that point, is a breach of these terms and may result in restricted access and the loss of platform features such as messaging and connection tools.

You agree to comply with our Code of Conduct, which is incorporated into these terms by reference. You agree to use Nestbys only for its intended purpose, to provide accurate information, to treat other members with respect, and to comply with all applicable laws. You must not use Nestbys to harass, scam, or deceive other members, or to facilitate any unlawful activity.

You agree to provide accurate information and to keep your account details current. You are solely responsible for any accommodation arrangement you enter into with another member. Hosts are responsible for ensuring they are lawfully able to offer their room and for complying with their own legal obligations (including any tenancy, planning, or strata obligations). Guests are responsible for their own conduct during any stay.

Nothing in these terms excludes, restricts, or modifies any right or guarantee that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable legislation. Where the Australian Consumer Law applies, you have statutory guarantees that our services will be provided with due care and skill and that we will not mislead you. We do not seek to limit those guarantees.

To the maximum extent permitted by law (and subject to clause 11 above), Nestbys is not liable for the acts, omissions, listings, conduct or arrangements of any host or guest, or for the condition of any property. Nestbys is not liable for loss or damage arising from your reliance on verification outcomes, trust badges, or inspection results. Our total liability to you for any claim arising out of or in connection with your use of Nestbys (other than claims that cannot be excluded by law) is limited to the service fees you have paid to Nestbys in the three months before the claim arose.

Nestbys is not a mediator or arbitrator for disputes between hosts and guests. If you have a dispute with another member, we encourage you to attempt to resolve it directly and in good faith. Nestbys may, at its discretion, assist with communication but is not obligated to do so and is not a decision-maker in any such dispute. Where a tenancy arrangement exists, the appropriate dispute resolution body is the Queensland Civil and Administrative Tribunal (QCAT) or the Residential Tenancies Authority (RTA).

We may update these terms from time to time. Where we make material changes, we will notify you by email or via the platform before the changes take effect. Continued use of Nestbys after the updated terms are in effect means you accept them. For questions, contact us at stay@nestbys.com.

Referral rewards are paid only when the person you referred completes a stay they have genuinely paid for. A stay where the Nestbys fee was waived or comped — for example, under an agency-covered or founding-member offer — does not qualify for a referral reward. Rewards are subject to admin review and authorisation, are paid at Nestbys’ discretion, and are not guaranteed. Nothing in this section limits your rights under the Australian Consumer Law.

These terms are governed by the laws of Queensland, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland.