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our terms & conditions of use
introduction
The information linked from the
URL www.Cancellations.com.au
("Site") is subject to the following
Terms and Conditions ("Terms"). By accessing
or browsing the Site, or by
continuing to do so, you accept
these Terms.
- This Site contains material
posted by third parties.
Cancellations Pty Ltd ("CPL", "we/us/our") has
established quality assurance
procedures with the aim of
ensuring that all material on
this Site is governed by high
standards of currency and
accuracy. Where we become aware
of an inaccuracy or error in any
material on the Site, we will
remove that material and/or contact
the 3rd party. We do not
make any warranties or
representations about the
accuracy and currency of third
party material on this Site and
does not make any warranty or
representation that access to
the Site will be secure or
uninterrupted.
- This Site contains material
which is subject to copyright
and other intellectual property
rights ("Intellectual Property
Rights") owned by or licensed to
CPL or its
licensors. In
relation to the material
available on this Site in any
form including, without
limitation, software, documents,
text, images, full motion video
and sound ("Material"), you:
(a) may view, copy, print and
distribute the Material in
electronic or other forms only
for educational purposes. If you
do, you must retain and copy in
full all Intellectual Property
Rights notices on the original
Material;
(b) must not use or distribute
the Material for any public or
commercial purpose; and
(c) must not infringe the
Intellectual Property Rights of
CPL or its
licensors including by amending
or adapting any Material or
reverse engineering any Material
consisting of downloadable
software.
- Nothing you do on or in
relation to the Site will
transfer any Intellectual
Property Rights to you or
licence you to exercise any
Intellectual Property Rights
unless this is expressly stated.
-
In using or continuing to use
the Site you may give us
information which is capable of
identifying you ("Personal
Information"). The Privacy Act
1988 gives you certain rights in
respect to Personal Information.
By using the Site you grant us
the right to use your Personal
Information in accordance with
the Web Site Privacy Statement
("Privacy Statement") and any
relevant Information Privacy
Principle 2 ("IPP2") notice
which is provided at the time
CPL and/or this Site collects
the information. You also
acknowledge that these Terms are subject to
the Privacy Statement and any
relevant IPP2 notice. Please
click here to view the
Privacy Statement.
- The Site may contain
material uploaded, posted,
emailed or otherwise
electronically transmitted
("Posted") by users of the Site,
including yourself ("User Content").
User Content may include
Personal Information, website
and email
addresses etc. Cancellations.com.au
reserves the right:
(a) to access or examine any
User Content; and
(b) at its absolute discretion,
to modify, move, remove, permanently
delete or disable access to User
Content which is in breach of
any law, considered by us to be
otherwise unacceptable or if
we reasonably
believe you have breached these
Terms or the
Privacy Statement.
- By Posting any User Content
to the Site, you agree to
indemnify CPL
and all of its shareholders, employees, consultants, contractors and
officers from any loss suffered
by them as a result of any
lawful use of or reliance on
such User Content.
- You acknowledge that
we may remove
User Content in accordance with
guidelines which may be
developed by
us from time
to time. You agree that
we have no
responsibility or liability for
the deletion or failure to store
any User Content, communications
or other content maintained or
transmitted on the Site. You
acknowledge that
we reserve
the right to log off accounts
that are inactive for an
extended period of time or in
accordance with guidelines which
may be developed by
us from time
to time. You further acknowledge
that we
reserve the right to change the
guidelines at any time, with or
without notice.
- In relation to any User
Content posted by you, you:
(a) warrant that the User
Content is not confidential or
owned by any other person/entity;
(b) warrant that the receipt,
use, storage, reproduction,
modification, adaptation or
publication of the User Content
by us is not
illegal or defamatory and will
not expose us
to any civil or criminal
liability;
(c) warrant that the receipt,
use, storage, reproduction,
modification, adaptation or
publication of the User Content
by us is not
misleading or deceptive or
likely to mislead or deceive and
will not expose
us to any
civil or criminal liability;
(d) license CPL
to use, reproduce, modify,
adapt, publish, sublicense,
create derivative works from and
incorporate in other works that
User Content at any time in the
future in any form and for any
purpose and warrant that you
have the right to grant this
licence, provided that Personal
Information may only be used by
us in
accordance with the Privacy
Statement and any relevant IPP2
Notice; and
(e) indemnify
us for any
breach of the warranties
contained in paragraphs (a) to
(d) inclusive.
- Without limiting any other
provision of these Terms, if you are
attempting to, or have, rented a
property through the Site, you
acknowledge and agree:
(a) you will not make a claim
against CPL,
its officers, employees, consultants, contractors or
Related Bodies Corporate (as
that term is defined in section
50 of the Corporations Act 2001
(Cth) ("Released Parties") for
the failure of a booking, for
whatever reason;
(b) you will rely entirely on
your own investigations and
satisfy yourself as to the
appropriateness of any property
for your needs and the accuracy
of the material on the Site;
(c) the Released Parties take no
responsibility for any
transaction between you and a
party which offers a property
for rent on the Site;
(d) each Released Party makes no
representation or warranty that
the party that has posted the
property has the right to do so
or the right to rent the
property;
(e) the Released Parties are
unaware and unable to ascertain
whether the party which listed
the property has the necessary
insurance cover;
(f) the
Released Parties have no
responsibility for, or liability
in relation to the price of,
value of, suitability of the
property for your purposes or
the safety of you or those
accompanying you on your stay;
- If you are attempting to, or
have listed a property for rent
on the Site, you acknowledge and
agree:
(a) you will not make a claim
against any of the Released
Parties for the failure of a
booking, for whatever reason;
(b) the Released Parties are not
responsible for, and have no
liability in relation to:
(i) the suitability of a party
as a renter of your property;
(ii) the conduct or behaviour of
renters;
(iii) the failure by a renter to
pay any amount due to you; and
(iv) the condition of your
property (including without
limitation any damage,
loss or
theft to or from the property by
a party which rented the
property);
(c) all information provided by
you in relation to any property
is true and correct in all
respects and is not misleading
or deceptive;
(d) any property advertised by
you on the Site is quiet, clean
and safe for use as a rental
property;
(e) you have
taken out all necessary
insurances in relation to public
liability and in relation to any
loss or damage that you or the
property may suffer due to the
actions of a party which rents
the property;
(f) it is
your sole responsibility to
ensure that no alternative
booking is taken in relation to
any dates listed by you and
during which the property is
specified to be available. The
failure to comply with this
clause will entitle us to
immediately remove the property
from the Site without notice to
you.
- Refund Policy:
(a) For the Renter
We are
not responsible for your
selection of accommodation, and
we do not control the quality of
accommodation. We rely on the
information provided by the
accommodation provider for the
property listings on the Site.
Although we take all due care in
our delivery of our service, we
do not verify claims made by
accommodation providers.
If you are not satisfied with
the accommodation supplied by
the accommodation provider, for
example that the description of
the accommodation is inaccurate
or misleading, you must raise
this with the accommodation
provider directly.
CPL accepts no
responsibility or liability for
the quality or your satisfaction
with any accommodation provided,
and will not be liable to make
any refunds to you. You should
also be aware that you are not
entitled to any refund where you
have simply changed your mind or
where external circumstances
arise, such as illness.
(b) For the Accommodation
Provider
While we
include in our Terms confirmation that
there will be no-refund on
amounts paid by customers for
accommodation booked, there may
be circumstances where the
customer is entitled to a refund
or chargeback under the terms
and conditions of e-commerce or
other payment service providers
(such as PayPal). This includes,
but is not limited to,
situations where your
information on accommodation
and/or related services is not
accurate or is otherwise
misleading, or where
accommodation is not available.
You acknowledge and agree that
you will be liable for any
refund or other compensation
which is payable to the
customer. Where
CPL is held
liable for any such refund or
compensation arising from any
information or accommodation
provided by you, you agree to
provide to us,
immediately on request, an
amount equal to the refund or
compensation together with an
amount equal to our fee which we
would otherwise have received.
If you do not comply with any
such request, we reserve the
right to remove, permanently
delete or disable access to your
property listings. This does not
limit our general rights to
remove information under the
applicable Terms.
- Use of the Site is at your
own risk. We
have no liability for any hacking
or malicious intent (cracking)
or any other unauthorised access
to the Site, or any information
on the Site, undertaken by any
person. All express or implied
warranties, representations,
statements, terms and conditions
relating to your use of the Site
or any information or content
available from the Site, not
contained in these Terms, are excluded from
these Terms to
the extent permitted by law.
- Nothing in these Terms excludes, restricts
or modifies any condition,
warranty, right or remedy
implied or imposed by any
statute or regulation which
cannot lawfully be excluded,
restricted or modified, which
may include Part V of the Trade
Practices Act 1974 (Cth) and
corresponding provisions of
State or Territory legislation
which contain provisions
including implied terms and
warranties which operate to
protect the purchasers of goods
and services in various
circumstances.
- If any condition or warranty
is implied into this agreement
under the Trade Practices Act
1974 (Cth) or any equivalent
State or Territory legislation
and cannot be excluded, and
CPL is able to
limit your remedy for a breach
of such a condition or warranty,
then our liability for breach
of the condition or warranty is
limited to one or more of the
following at
our option:
(a) in the case of goods, the
replacement of the goods or the
supply of equivalent goods, the
repair of the goods, the payment
of the cost of replacing the
goods or of acquiring equivalent
goods, or the payment of the
cost of having the goods
repaired; or
(b) in the case of services, the
supplying of the services again,
or the payment of the cost of
having the services supplied
again.
- Subject to
our
obligations under the implied
conditions and warranties
referred to in paragraph 12,
we exclude
liability for all losses, costs,
damages and expenses incurred or
suffered by you under or
relating to these Terms or their subject
matter, whether in contract,
tort (including without
limitation negligence), in
equity, under statute, under an
indemnity or on any other basis.
- You acknowledge that
we may, in our
absolute discretion and without
penalty or notice:
(a) vary the Site or any part of
the Site; and
(b) modify or discontinue this
Site, any part of the Site and
the services available on it.
- We have not
reviewed any URL linked to or
from any part of the Site which
does not form part of the Site
("Third Party Pages").
We are not
responsible for any content
found on a Third Party Page, or
any site of which it forms a
part. You must determine whether
any page is part of the Site
each time you follow a link to
that page.
- We
reserve the right to revise
these Terms at
any time. You accept all such
revisions by accessing any part
of the Site or continuing to
access it after that revision is
Posted on the Site.
- This Site and any right or
obligation under these Terms is governed by the
laws in force in the State of
New South Wales, Australia
(other than the conflict of laws
rules) and the parties submit to
the non-exclusive jurisdiction
of the courts of the State of
New South Wales, Australia in
respect of any action that
arises under the agreement.
These Terms & Conditions were last updated
22 April 2008.
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