TERMS OF USE
- About these terms
1.1 These Website Terms of Use (“Terms”) govern your access to and use of the website operated by Accommodation Sydney Pty Ltd (ACN 629 131 620) (“Accommodation Sydney”, “we”, “us”, “our”) (the “Website”).
1.2 By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.
1.3 We may amend these Terms from time to time by publishing the updated Terms on the Website. Your continued use of the Website after any amendment constitutes your acceptance of the amended Terms.
1.4 These Terms should be read together with our Privacy Policy, which sets out how we collect, use and disclose your personal information.
- Definitions
In these Terms:
“Content” means all information, text, graphics, images, photographs, videos, audio, data, software, and other materials available on or through the Website;
“Services” means the accommodation booking services and related services we provide through the Website;
“User”, “you”, “your” refers to any person who accesses or uses the Website.
- Use of the Website
3.1 Eligibility
You must be at least 18 years of age to make a booking through the Website. If you are under 18, you may only use the Website with the involvement and consent of a parent or guardian.
3.2 Geographic Availability
The Website is intended for use by persons located in Australia. We make no representation that the Content or Services are appropriate or available for use in other locations.
3.3 Permitted Use
You may use the Website for lawful purposes only, including:
(a) browsing information about our accommodation properties;
(b) making legitimate enquiries about our Services;
(c) making reservations for accommodation; and
(d) managing your bookings.
3.4 Prohibited Use
To use our website and our Content, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our website, anything which we would consider inappropriate or which might bring us or our website into disrepute. This includes:
(a) anything that would be a breach of any other person’s privacy (including if you upload personal information about an individual without their consent) or any other legal rights;
(b) using our website to defame, harass, threaten, menace or offend any person;
(c) interfering with anyone using our website;
(d) tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website;
(e) using our website to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
3.5 Competitors are excluded from using our website to compete
You are prohibited from using our website and the Content in any way that competes with our business.
- Bookings and Reservations
4.1 Booking Process
When you make a booking through the Website:
(a) you are making an offer to book accommodation with us;
(b) we will send you a booking confirmation by email;
(c) a binding contract is formed between you and us when you receive the booking confirmation;
(d) you must provide accurate and complete information when making a booking;
(e) you are responsible for reviewing all booking details before submitting your reservation.
4.2 Bookings and Reservations are governed by the terms set out in the Booking Terms & Conditions.
- Intellectual Property Rights
5.1 Ownership
Unless we indicate otherwise, we own or licence all rights, title and interest (including intellectual property rights) in our website and all of our Content. Your use of our website and your use of and access to any of our Content does not grant or transfer to you any rights, title or interest in relation to our website or our Content.
5.2 Limited Licence
(a) Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Content for your personal, non-commercial use only.
(b) This licence does not include any right to:
(i) reproduce, modify, distribute, display, or create derivative works from the Content;
(ii) download or copy Content except where expressly permitted;
(iii) use the Content for commercial purposes;
(iv) remove or alter any copyright, trademark, or other proprietary notices; or
(v) use our intellectual property without our prior written consent.
5.3 Copyright Infringement
If you believe any Content on the Website infringes your copyright, please contact us at privacy@accommodationsydney.com.au with details of the alleged infringement.
- Third Party Content & Links
6.1 The Website may contain links to third-party websites, services, or resources that are not owned or controlled by us.
6.2 We do not endorse or assume any responsibility for any third-party websites, content, products, or services. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
6.3 We are not responsible for the privacy practices or content of third-party websites. You should review the privacy policies and terms of use of any third-party websites you visit.
- Disclaimer and Limitation of Liability
7.1 Website Availability
(a) We strive to ensure the Website is available at all times, but we do not guarantee uninterrupted or error-free access.
(b) The Website is provided on an “as is” and “as available” basis.
(c) We may suspend, withdraw, or restrict access to the Website at any time for maintenance, updates, or other reasons.
7.2 Accuracy of Information
(a) We make reasonable efforts to ensure that information on the Website is accurate and up-to-date.
(b) However, we do not warrant that the Content is complete, accurate, reliable, current, or error-free.
(c) Property descriptions, images, and amenities information are provided in good faith but may be subject to change.
(d) You should verify any information directly with us before making a booking.
7.3 Disclaimer
To the maximum extent permitted by law:
(a) We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) We do not warrant that the Website will meet your requirements or that any defects will be corrected.
(c) We are not responsible for any loss or damage arising from your use of the Website or reliance on any Content.
7.4 Limitation of Liability
To the maximum extent permitted by law we exclude all liability for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Website.
- Privacy and Data Protection
8.1 Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is available on the Website.
8.2 By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
8.3 We use cookies and similar technologies on the Website. For information about our use of cookies, please refer to our Privacy Policy.
- Indemnity
10.1 You agree to indemnify, defend, and hold harmless Accommodation Sydney, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your use of the Website;
(b) your breach of these Terms;
(c) your violation of any law or the rights of any third party; or
(d) any content you submit, post, or transmit through the Website.
- Termination
11.1 We may, in our sole discretion, suspend or terminate your access to the Website at any time, with or without notice, for any reason, including if we believe you have breached these Terms.
11.2 Upon termination, your right to use the Website will immediately cease.
11.3 Termination does not affect any rights or obligations that arose before termination, including any outstanding payment obligations.
11.4 Sections 5 (Intellectual Property Rights), 7 (Disclaimer and Limitation of Liability), 10 (Indemnity), and 12 (Governing Law and Disputes) survive termination of these Terms.
- General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy, Booking Terms & Conditions and any booking confirmation, constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior agreements and understandings.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
12.3 Waiver
No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision, and our failure to enforce any right or provision will not constitute a waiver of that right or provision.
12.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
12.5 Relationship
Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.
12.6 Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labour disputes, or failures of third-party services or infrastructure.
12.7 Notices
(a) Any notices to us under these Terms should be sent to:
Accommodation Sydney Pty Ltd
1301/38 College Street, Darlinghurst NSW 2010, Australia
Email: privacy@accommodationsydney.com.au
(b) We may provide notices to you by posting them on the Website or by sending them to the email address you provided during the booking process or account registration.
12.8 Governing Law
These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
Contact Information
If you have any questions about these Terms, please contact us at:
Accommodation Sydney Pty Ltd
Address: 38 College Street, Darlinghurst NSW 2010, Australia
Email: privacy@accommodationsydney.com.au
By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.