Terms and Conditions of Use (accommodation providers & advertisers on the Website)

1. Agreement for the provision of services

  • 1.1 Webstay Holdings Pty Ltd (ACN 137 579 278) trading as Stay Somewhere is the legal entity which owns and manages the staysomewhere.com.au website (the “Website”).
  • 1.2 The following terms and conditions, together with our Privacy Policy and any other terms, conditions, notices and disclaimers located elsewhere on the Website (this "Agreement") govern your use of and access to the Website.
  • 1.3 By listing your property or other products or services on the Website, you agree to be bound by this Agreement.
  • 1.4 We reserve the right to vary this Agreement, including any fees payable under it, at any time by giving you 7 days notice in writing to you. Your subsequent or continued use of the Website will constitute your acceptance of any variation(s). If you are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website. Otherwise, you will be deemed to have accepted the variation(s). You will not be compensated for any detriment alleged to be suffered by you as a result of such variations.
  • 1.5 It is important for you to note that no purchase order or other document issued by you to us will vary this Agreement.

2. What is staysomewhere.com.au?

  • 2.1 staysomewhere.com.au is a system to co-ordinate:
    1. short term holiday rental referrals of less than 60 days; and
    2. the supply of various products as well as facilities, activities and other services, all of a leisure-related nature ("Goods & Services").
  • 2.2 From time to time, the website will also contain advertising of a more general nature.
  • 2.3 It is important to note that we do not act as your agent in the advertising of your property, Goods & Services and other items on the Website, nor are we parties to any transaction between you and any third party. You enter into any transaction with a third party entirely at your own risk.
  • 2.4 We can provide you, for a fee, SMS notification of an email enquiry when a Website user sends you an email on our prescribed enquiry form.
  • 2.5 The Website contains a Booking Request Calendar that will allow users of the Website to receive an indication of the availability of properties at particular times. Users will then be able to send a booking enquiry to you to express an interest in booking your property on their preferred date(s). It is important to note that it is not mandatory that you use the Booking Request Calendar in relation to your property or keep us updated about your booking schedules. The Booking Request Calendar is provided on the Website for information purposes only and to assist you in maximising the benefit you derive from advertising on the Website.
  • 2.6 No payments are made to us in connection with the Website other than by property owners ("Accommodation Providers") to list properties, providers of Goods & Services ("Activities & Events Providers") to advertise their Goods & Services and by other third party to place advertisements from time to time.

3. Term

  • 3.1 The term of this Agreement will be 12 months commencing on the date you access the Website to advertise your property, Goods & Services or other items.

4. Advertising

The parties agree that:

  • 4.1 we will aim to publish any advertising requested by you ("the Advertising") in your preferred format and in accordance with your instructions;
  • 4.2 we have the right to refuse, edit or withdraw from publication any Advertising on the Website at any time without providing you with reasons (even if the Advertising has previously been published by us on the Website); and
  • 4.3 if we introduce a new service via the Website after the commencement date of this Agreement, we may offer the new service to you. The cost and other terms applying to the provision of any such service will be agreed between the parties at the relevant time.

5. Your use of the Website

You agree that:

  • 5.1 you hold any necessary authority to advertise the relevant property, Goods & Serves or other item and are capable and willing to provide us with any verifying documentation that we may reasonably request;
  • 5.2 you will comply with all applicable laws and codes in relation to this Agreement and the property, Goods & Services or other items that you advertise;
  • 5.3 you grant to us a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form and in any medium, and warrant that you have the right and authority to grant to us the licence referred to in this sub-paragraph;
  • 5.4 whilst we will endeavour to take reasonable care of Advertising material in our custody and control, we will not be held responsible for any loss or damage to Advertising material (even if caused by our negligence);
  • 5.5 by providing material to us for Advertising on the Website, you warrant that the material is to the best of your knowledge correct and not misleading;
  • 5.6 where the Advertising involves the supply of Goods & Services by you to users of the Website, you accept full responsibility for the safety, quality, condition or description of those Goods & Services;
  • 5.7 you will not seek to make us responsible for, or seek to impose liability related to, Goods & Services listed or advertised on the Website; and
  • 5.8 you will notify us of any error that you become aware of in any Advertising material.

6. Warranties by you relating to Advertising

By submitting Advertising to us, you warrant to us that the Advertising and the publication by us of the Advertising on the Website does not breach or infringe:

  • 6.1 any intellectual property rights (whether in the form of copyright, trade mark or otherwise) or any obligation of confidentiality;
  • 6.2 the Trade Practices Act 1974 (Cth), Fair Trading Acts (State and Territory), Privacy Act 1988 (Cth); Corporations Act 2001 (Cth) or equivalent legislation; or
  • 6.3 any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

7. Fees

  • 7.1 A yearly registration fee of $33 (including GST) per annum for Accommodation, will be payable.
  • 7.2 The yearly registration fee referred to in clause 7.1 is non-refundable and non-transferable, and will apply year on year until such time as the relevant property or Goods & Services are removed from the Website. The fees cannot be changed otherwise than as agreed with us. Where a property or Goods & Services are removed from being listed on the Website mid-way through a year, there will be no entitlement to a refund of any amount of fees attributed to the remainder of the year.
  • 7.3 Additional fees will become payable from time to time by Accommodation Providers to acquire additional services, such as upgraded Advertising packages . The fees payable for these services will be separately provided to the Accommodation Provider at the relevant time.
  • 7.4 The fees payable for Advertising by advertisers other than Accommodation Providers will be negotiable between us and the advertiser on a case by case basis.
  • 7.5 Once any invoice issued by us has been paid, no refund will be supplied for any errors made by you, although a credit may be issued upon application in this instance.
  • 7.6 It is important to note that you will be obliged to pay the full price for Advertising even if we have exercised our right to vary the format or placement of the Advertising on the Website and even if there is an error or omission in the Advertising (unless the error or omission was our fault).
  • 7.7 If you fail to provide us with any necessary information or images in relation to Advertising that you have booked, you will still be charged unless a cancellation is approved by us.
  • 7.8 Advertising requested by Accommodation Providers will not be uploaded to the Website until such time as the Advertising has been paid for via the SecurePay electronic payment system (available on the Website) directly to us.
  • 7.9 In the case of advertisers other than Accommodation payment must be made for any Advertising within 7 days after the date of the relevant invoice for the Advertising. If you fail to pay these fees or, without limiting our rights under clause 9, if you become subject to insolvency or bankruptcy proceedings of any kind, we may (in our absolute discretion):
    1. charge interest on all overdue amounts at the rate 2% in excess of the rate of interest for the time being fixed under section 2 of the Penalty Interest Rate Act 1983 (Vic);
    2. commence legal proceedings against you for recovery of any outstanding amounts;
    3. seek to recoup from you all costs relating to any action taken by us to recover amounts owing for Advertising, including without limitation amounts paid to debt collection agencies and legal costs on a full indemnity basis;
    4. cease all further Advertising on the Website on your behalf and terminate any agreement in relation to Advertising not yet published; and
    5. enforce any other rights available to us at law.
  • 7.10 You are directed to read our Refund Policy, which provides full details of the way in which refunds for fees paid for services acquired from us in connection with the Website are to be dealt with.

8. Termination

  • 8.1 Without limitation to any other rights and remedies available to us at law, we may terminate this Agreement, and remove your property, Goods & Services or other advertisements from the Website, immediately:
    1. at any time and for any reason by giving you 7 days notice in writing;
    2. if you breach any of this Agreement (or we have reason to suspect that you have done so); or
    3. if you become subject to insolvency or bankruptcy proceedings of any kind.
  • 8.2 If we terminate this Agreement for any reason, we will be entitled to retain any payments already received from you.
  • 8.3 You may remove your property or Goods & Services listing or other advertising from the Website at any time, although any fees liable to be paid by you to us pursuant to clause 7 will remain payable by you.

9. Availability of Website

  • 9.1 Whilst we will aim to ensure that the Website is available continuously, no representations or warranties can be given that your access will be uninterrupted, timely, secure or virus free or that it will not cause communications failure, internet access difficulties or malfunction in equipment or software.
  • 9.2 Your use of and access to the Website may be interrupted and suspended for an indefinite period without prior notice to you if any of the above problems are encountered or for any other reason beyond our control.
  • 9.3 Unless expressly provided otherwise in this Agreement, we reserve the right at all times to change or discontinue any element of the services provided by us via the Website.

10. Permitted use

  • 10.1 You must not:
    1. interfere with, disrupt, or create an undue burden on the functioning of the Website;
    2. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
    3. use code or other devices containing any reference to the Website to direct other persons to any other web page;
    4. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
    5. delete any attributions or legal or proprietary notices on the Website;
    6. link to the Website from any other website (or otherwise authorise any other person to link from a third party website to the Website) without our prior written consent;
    7. use the website for any purpose that is unlawful or contravenes this Agreement;
    8. utilise, copy, transcribe, collect or collate any data available on this site for any third party use; or
    9. use, nor permit any other party to use, the Website for publishing, reproducing or advertising any message, email or other communication which is offensive or abusive or of an indecent, obscene or menacing character or for the purpose of causing annoyance, inconvenience or needless anxiety to any person.
  • 10.2 Failure to abide by the above prohibitions may result in us terminating this agreement or taking legal or other appropriate action against you.
  • 10.3 We reserve the right to remove any Advertising that we consider to be incomplete or unsuitable and we will not be liable to you for any loss incurred by you in such instance.

11. Intellectual Property

  • 11.1 Other than in relation to the listing of your property, Goods & Services or other items advertised by you on the Website, which you grant us a license to deal with in accordance with this Agreement, you do not have any ownership rights, title or interest in or related to the Website.
  • 11.2 It is important for you to note that the Website contains information and images that are protected by copyright, trade mark and other intellectual property laws applying in Australia.
  • 11.3 As a condition of you listing your property or advertising your Goods & Services or other items via the Website, you warrant and represent to us that you will not use the Website or its information, images or data for any illegal or fraudulent purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Website. Importantly, you may not use any information or images on the Website to establish, maintain or provide, or assist in doing so, any of your own publications, internet sites or other media.
  • 11.4 Nothing in the foregoing, or displayed elsewhere on the Website should be construed as granting any proprietary right of use in relation to any logo, trade mark or other item of intellectual property displayed on the Website without the express written approval of the relevant owner.

12. Limitation of Liability

  • 12.1 You acknowledge that you have not relied on any advice given or representation made by or on behalf of us in connection with the Advertising.
  • 12.2 We do not exclude any rights or remedies that may be available under the Trade Practices Act 1974 (Cth) or any similar Australian State and Territory legislation that cannot be excluded, restricted, or modified.
  • 12.3 Other than those previously mentioned, we exclude liability to you for any direct, indirect, punitive, incidental, special and/or consequential losses or damages incurred by you (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the use of the Website and your advertising on it or with any delay or inability to use the Website, or for any information, software, products, and/or services obtained through the Website, or otherwise arising out of the use of the Website or your advertising on it, whether based on contract, tort, strict liability, or otherwise, even if we, a related entity or any of our suppliers have been advised of the possibility of damages.
  • 12.4 The information, software, products, and services published on the Website including, without limitation, text, graphics, links, or any information or materials obtained or accessed through or from the Website are provided "as is," "with all faults," "as available," and with no warranties whatsoever. We disclaim to the fullest extent permitted by law, any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title and non-infringement of proprietary rights.
  • 12.5 To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our discretion, to:
    1. in the case of services supplied or offered by us:
      1. the re-supply of those services; or
      2. the payment of the cost of having those services re-supplied; and
    2. in the case of goods supplied or offered by us:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of having the goods replaced; or
      4. the payment of the cost of having the goods repaired.
  • 12.6 In relation to any express warranty or condition set out in this Agreement in connection with goods or services supplied or offered by us in connection with the Website, our liability to you will be limited to the amount(s) paid by you (if any) in respect of the relevant goods or services.
  • 12.7 Persons who:
    1. rent your property,
    2. purchase your Goods & Services;
    3. acquire other items advertised by you on the Website; or
    4. post information in the Guest Review Facility of the Website,
    are completely independent of us. That being the case, we do not accept any liability for the acts, errors, omissions, representations, warranties, breaches or negligence of any such persons or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
  • 12.8 We have no liability and will make no refund of any amount paid by you to a person who rents your property, purchases your Goods & Services or who acquires other items from you that have been advertised on the Website in the event of any delay, cancellation, overbooking, strike, act of nature, or other cause beyond their direct control. Furthermore, we do not have any responsibility for additional expense incurred by you based on, but not limited to, omissions, delays, re-routing, or acts of any government or authority.
  • 12.9 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users' use of, access to or conduct in connection with the Website in any circumstance.

13. Indemnity

  • 13.1 You agree to fully indemnify and to hold harmless and indemnify us, any related entity for the purposes of the Corporations Act 2001 (Cth), any of our suppliers, and any of our or their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and legal fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of this Agreement or the documents referenced herein, your violation of any law or the rights of a third party, or your use of the Website.
  • 13.2 Listing a property or Goods & Services or advertising other items via the Website is unauthorised in any jurisdiction that does not give effect to all provisions contained herein, including, but not limited, to this paragraph.  We reserve the right to comply with police requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to your use of the Website. 
  • 13.3 Each of your indemnities under this Agreement is a continuing obligation, separate and independent from your other obligations and survives termination of this Agreement.

14. Relationship between you and us

You agree that no business relationship other than that of service provider (us) and service acquirer (you), including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement, our advertising arrangement or your use of the Website.

15. Security and privacy

The security of your personal information is very important to us. Please read our Privacy Policy for important information regarding your rights and the use of your personal information. You expressly consent to the use of your personal information in accordance with our Privacy Policy.

16. Age of User

As a condition of your access and/or use of the Website and your entry into this Agreement, you warrant that you are 18 years old or older and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not permitted to enter into this Agreement or to access and/or use any information, products or services on the Website.

17. Tax

  • 17.1 You will be solely responsible for any and all fees, charges, taxes (including Goods and Services Tax), duties, government charges or other liabilities arising out of charges payable in connection with this Agreement or otherwise and whether applying at the date of this Agreement or in the future.
  • 17.2 If you are required to pay Goods and Services Tax in connection with this Agreement, we will provide you with a tax invoice or adjustment note that complies with the A New Tax System (Goods and Services Tax Act) 1999 (Cth).

18. Entire Agreement

This Agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Assignment

You may not assign the agreement embodied in these Conditions without our prior written consent.

20. Severability

If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.

21. No waiver

The fact that we fail to do, or delay in doing, something that we are entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, you. A waiver by us is only effective if it is in writing. A written waiver by us is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

22. Applicable law

The Law of the Commonwealth of Australia and of Victoria is the proper law governing these Conditions and any proceedings arising out of this Agreement must be commenced and heard by a Court sitting in Melbourne, Victoria.

Terms and Conditions of Use (web users)

Webstay Holdings Pty Ltd (ACN 137 579 278) trading as Stay Somewhere is the legal entity which owns and manages the staysomewhere.com.au website (the “Website”).

1. User Agreement

  • 1.1 The following terms and conditions, together with our Privacy Policy and any other terms, conditions, notices and disclaimers located elsewhere on the Website (this "Agreement") govern your use of and access to the Website.
  • 1.2 This Agreement constitutes a legal agreement between you (as the user of the Website) and Webstay Holdings Pty Ltd trading as Stay Somewhere (“us”, “we”, “our”) and governs your use of the Website. By accessing the Website, you agree to be bound by this Agreement. Should you not agree with the terms of this Agreement, you are not permitted to access the Website.
  • 1.3 If you are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website.
  • 1.4 We may choose to revise this Agreement at any time. If we do, the change(s) will be posted on the Website. Your subsequent or continued use of the Website will constitute your continued acceptance of all terms, conditions, and notices that are effective as of the date and time you use or access the Website.
  • 1.5 This Agreement was last updated on 13th December 2011.

2. What is staysomewhere.com.au?

  • 2.1 staysomewhere.com.au is a system to co-ordinate:
    1. short term holiday rental referrals for a period of less than 60 days; and
    2. the supply of various products as well as facilities, activities and other services all of a leisure-related nature ("Goods & Services").
  • 2.2 From time to time, the website will also contain advertising of a more general nature.
  • 2.3 It is important to note that we do not act as the agent for any of the property owners (“Accommodation Providers”) or suppliers solely of Goods & Services (“Activities & Events Providers”) who advertise on the Website, nor are we parties to any transaction between you and any Accommodation Provider or Activities & Events Provider. We do not sell, resell or license any products or services listed on the Website. Should you enter into any transaction as a result of your use of the Website, you enter into any such transaction entirely at your own risk and of your own volition.
  • 2.4 Payment is made to us by Accommodation Providers, Activities & Events Providers and other third party advertisers to list properties, products and services on the Website.

3. Accommodation Providers and Activities & Events Providers

  • 3.1 It is important that you note that it is highly likely that Accommodation Providers and Activities & Events Providers will impose their own terms and conditions in relation to their properties and Goods & Services. You agree to abide by all terms and conditions of Accommodation Providers and Activities & Events Providers that you contact or access through the Website. Any such terms and conditions will govern your relationship with Accommodation Providers and Activities & Events Providers and the acquisition of accommodation and Goods & Services from them.
  • 3.2 In relation to the supply of Goods & Services (either by an Accommodation Provider or by an Activities & Events Provider), it must be noted by you that:
    1. no representations are made by us as to the safety, quality, condition or description of any Goods & Services provided to you. We disclaim any responsibility for, or liability related to, Goods & Services listed or advertised on the Website. Any concerns, questions, complaints or claims relating to such Goods & Services should be directed to the relevant Accommodation Provider or Activities & Events Provider;
    2. information provided on this Website regarding such Goods & Services offered by Accommodation Providers or Activities & Events Providers is provided by those parties themselves, not by us. Importantly, the supply of Goods & Services that forms part of any booking made by you is subject to change without notice and we take no responsibility for such changes; and
    3. Goods & Services advertised on the Website may only be booked by you contacting the Accommodation Provider or Activities & Events Provider via a weblink on the Website.
  • 3.3 You acknowledge that the validity of all Accommodation Provider information and Activities & Events Provider information appearing on the Website is not, and cannot, be confirmed by us.
  • 3.4 No guarantee can be given by us that any specific property or Goods & Services will be available at your preferred time. See clause 8.2 and 8.3 for further detail. Furthermore, all bookings are subject to the approval of the relevant Accommodation Provider or Activities & Event Provider.
  • 3.5 You are directed to read our Refund Policy, which provides all necessary details about the way in which refunds with respect to accommodation and Goods & Services acquired by you from Accommodation Providers and Activities & Events Providers via the Website are to be dealt with.

4. Links to third party websites

  • 4.1 We may promote websites operated by Accommodation Providers, Activities & Events Providers and other third parties on the Website. However, those links are offered for your convenience only, and we do not accept responsibility for their content or your use of them.
  • 4.2 Such websites are not part of staysomewhere.com.au and we do not control them or their content. As such we cannot accept any responsibility in connection with those websites. In particular, we do not assume any liability for inaccuracy or incompleteness in any content on third party sites you access from the Website. If you link to any such websites, you leave the Website absolutely at your own risk.
  • 4.3 You acknowledge that we do not endorse the content of any external websites listed on the Website, whether with links or without.

5. Third Party Advertising

  • 5.1 From time to time, the Website may feature or display advertising by third parties, including but not limited to Accommodation Providers and Activities & Event Providers. By featuring or displaying such advertising, we do not in any way represent that we endorse or express our approval of the relevant advertiser, its properties, products or services.
  • 5.2 If you contact any third party via the Website, we do not accept any responsibility for any communications or transactions that occur between you and the relevant third party.
  • 5.3 From time to time, functions, events, offers, competitions or other activities may be promoted, advertised or sponsored by us on the Website. Separate terms and conditions will apply to such promotions. No responsibility is accepted by us in connection with your participation in activities conducted by any third party. Your participation in promotions of this type is entirely at your own risk.

6. Availability of Website

  • 6.1 Whilst we will aim to ensure that the Website is available continuously, no representations or warranties can be given that your access will be uninterrupted, timely, secure or virus free or that it will not cause communications failure, internet access difficulties or malfunction in equipment or software.
  • 6.2 Your use of and access to the Website may be interrupted and suspended for an indefinite period without prior notice to you if any of the above problems are encountered or for any other reason beyond our control.
  • 6.3 Unless expressly provided otherwise in this Agreement, we reserve the right to at all times amend or discontinue any element of the services provided via the Website.

7. Accuracy of information

  • 7.1 Although we will endeavour to ensure that all information contained on the Website is correct, complete, accurate and reliable, no warranty or representation can be made by us in that regard.
  • 7.2 For the avoidance of doubt, we do not warrant that the information appearing on the Website relating to:
    1. the availability of particular properties or Goods & Services at your preferred time(s);
    2. accommodation rental rates;
    3. fees payable for Goods & Services;
    4. descriptions of properties and of Goods & Services, including photographs;
    5. accommodation amenities;
    6. features of Goods & Services; and
    7. editorial commentary or any other content of the Website,
    is accurate, current, or complete, regardless of its source. The above list is non-exhaustive. All such information is provided on the Website for information purposes only, and no reliance should be placed on it by you.
  • 7.3 If you become aware that any information provided by Accommodation Providers or Activities & Events Providers and contained on the Website is inaccurate or misleading, you are requested to bring it to our attention. If we determine the complaint to be justified, the information in question will be removed. However, any investigations by us do not provide you with any guarantee as to the truth of the information provided by those parties on the Website. It is the sole responsibility of the users of the Website to investigate and confirm the authenticity of any information provided on it. We will not be liable for any loss or damage suffered as a result of using any information that may or may not be contained on the Website.
  • 7.4 Furthermore, you acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance.

8. Limitation of Liability

  • 8.1 You use the Website entirely at your own risk.
  • 8.2 We do not exclude any rights or remedies that may be available under the Trade Practices Act 1974 (Cth) or any similar Australian State and Territory legislation that cannot be excluded, restricted, or modified.
  • 8.3 Other than those previously mentioned, we exclude liability to you for any direct, indirect, punitive, incidental, special and/or consequential losses or damages incurred by you (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the use of the Website or with any delay or inability to use the Website, or for any information, software, products, and/or services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if we, a related entity or any of our suppliers have been advised of the possibility of damages.
  • 8.4 The information, software, products, and services published on the Website including, without limitation, text, graphics, links, or any information or materials obtained or accessed through or from the Website are provided "as is," "with all faults," "as available," and with no warranties whatsoever. We disclaim to the fullest extent permitted by law, any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title and non-infringement of proprietary rights.
  • 8.5 To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our discretion, to:
    1. in the case of services supplied or offered by us:
      1. the re-supply of those services; or
      2. the payment of the cost of having those services re-supplied; and
    2. in the case of goods supplied or offered by us:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of having the goods replaced; or
      4. the payment of the cost of having the goods repaired.
  • 8.6 In relation to any express warranty or condition set out in this Agreement in connection with goods or services supplied or offered by us in connection with the Website, our liability to you will be limited to the amount(s) paid by you (if any) in respect of the relevant goods or services.
  • 8.7 Accommodation Providers, Activities & Events Providers, other third party advertisers and any persons posting information in the Guest Review Facility of the Website are completely independent of us. That being the case, we do not accept any liability for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Accommodation Providers, Activities & Events Providers and any third parties whatsoever for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
  • 8.8 We have no liability and will make no refund of any amount paid by you to an Accommodation Provider, Activities & Events Provider or third party advertisers contacted via the Website in the event of any delay, cancellation, overbooking, strike, act of nature, or other cause beyond their direct control. Furthermore, we do not have any responsibility for additional expense incurred by users of the Website based on, but not limited to, omissions, delays, re-routing, or acts of any government or authority.
  • 8.9 You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance.

10. Permitted use

  • 9.1 You must not:
    1. interfere with, disrupt, or create an undue burden on the functioning of the Website;
    2. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
    3. use code or other devices containing any reference to the Website to direct other persons to any other web page;
    4. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
    5. delete any attributions or legal or proprietary notices on the Website;
    6. link to the Website from any other website (or otherwise authorise any other person to link from a third party website to the Website) without our prior written consent;
    7. use the website for any purpose that is unlawful or contravenes this Agreement;
    8. utilise, copy, transcribe, collect or collate any data available on this site for any third party use; or
    9. use, nor permit any other party to use, the Website for publishing, reproducing or advertising any message, email or other communication which is offensive or abusive or of an indecent, obscene or menacing character or for the purpose of causing annoyance, inconvenience or needless anxiety to any person.
  • 9.2 Failure to abide by the above prohibitions may result in us taking legal or other appropriate action against you.

10. Intellectual Property

  • 10.1 You do not have any ownership rights, title or interest in or related to the Website, except where expressly provided otherwise in this Agreement.
  • 10.2 It is important for you to note that the Website contains information and images that are protected by copyright, trade mark and other intellectual property laws applying in Australia.
  • 10.3 As a condition of your access and/or use of the Website or any information, data or images from the Website, you warrant and represent to us that you will not use the Website or its information, images or data for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Website. Importantly, you may not use any information or images on the Website to establish, maintain or provide, or assist in doing so, any of your own publications, internet sites or other form of media.
  • 10.4 Nothing in the foregoing, or displayed elsewhere on the Website, should be construed as granting any proprietary right of use in relation to any logo, trade mark or other item of intellectual property displayed on the Website without the express written approval of the relevant owner.

11. Indemnity

  • 11.1 By using the Website, you agree to fully indemnify and to hold harmless and indemnify us, any related entity for the purposes of the Corporations Act 2001 (Cth), any of our suppliers, and any of our or their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and legal fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of this Agreement or the documents referenced herein, your violation of any law or the rights of a third party, or your use of the Website.
  • 11.2 Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions contained herein, including, but not limited, to this paragraph.  We reserve the right to comply with police requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to your use of the Website. 
  • 11.3 You agree that no business relationship, including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.
  • 11.4 Each of your indemnities under this Agreement is a continuing obligation, separate and independent from your other obligations and survives termination of this Agreement.

12. Security and privacy

The security of your personal information is very important to us. Please read our Privacy Policy for important information regarding your rights and the use of your personal information. You expressly consent to the use of your personal information in accordance with our Privacy Policy.

13. Tax

Users of the Website will be solely responsible for any and all fees, charges, taxes (including Goods and Services Tax), duties, government charges or other liabilities arising out of the use of the Website.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Severability

If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.

16. No waiver

The fact that we fail to do, or delay in doing, something that we are entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, you. A waiver by us is only effective if it is in writing. A written waiver by us is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

17. Age of User

As a condition of your access and/or use of the Website and your entry into this Agreement, you warrant that you are 18 years old or older and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not permitted to enter into this Agreement or to access and/or use any information, products or services on the Website.

18. Applicable law

The Law of the Commonwealth of Australia and of Victoria is the proper law governing this Agreement and any proceedings arising out of this Agreement must be commenced and heard by a Court sitting in Melbourne, Victoria.