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WEB SITE TERMS AND CONDITIONS


These are the terms and conditions of use of this Web Site. This is a legally binding agreement between you and us. Please take the time to read through the following terms and conditions carefully.
Access to and use of this Web Site is subject to acceptance of the terms and conditions below ("Terms"), which include our Privacy Policy. By accessing, using or obtaining any content, products, or services through this Web Site, you agree to be bound by the Terms. If you do not accept all of these terms, then please do not use this Site.

1. Scope

These Terms govern your use of all Content or Services available through the Web Site. You agree to be bound by these Terms, and to use the Web Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of us and the Properties.

2. Booking Conditions:

• Cancellation Policy

Should you need to cancel your booking and have advised us MORE than the required notice period prior to the check-in date, a $20 AUD administration fee applies and the balance of your booking payment is fully refunded.

** If your booking payment is less than $20 AUD your booking deposit is forfeited **

Should you need to cancel your booking and have advised us LESS than the required notice period prior to the check-in date. The booking payment is forfeited and a cancellation fee equal to the balance of the first nights accommodation will be charged.

Please note. Hotels operate their own individual cancellation policy’s which is different for every booking. The policy will be clearly displayed prior to booking and the stricter of the two policies will apply.

• Amendment Policy

Should you need to amend your booking and have advised us MORE than the required notice period prior to the check-in date. A $20 AUD administration fee applies and the balance of your booking payment is fully refunded.

** If your booking payment is LESS than $20 AUD your booking payment is forfeited**



Should you need to amend your booking and have advised us LESS than the required notice period prior to the check-in date. The booking payment is forfeited in full AND a cancellation fee equal to the balance of the first nights’ accommodation will be charged.

Please note. Hotels operate their own individual cancellation policy’s which is different for every booking. The policy will be clearly displayed prior to booking and the stricter of the two policies will apply.



a. Prices quoted are per-room (with a maximum occupancy of two people unless otherwise stated), in Australian currency and include GST unless otherwise stated.

b. We display the number of rooms and the rates that Properties advise us are available. We make an effort to ensure that this information is accurate.

c. You authorise us to provide the Property with your credit card details. The property will hold your credit card details as security for your booking. On your arrival at the Property, you may make arrangements for payment directly with the Property. You acknowledge that we are not liable for any default or error on behalf of any third party (for example, a bank) in processing the debit to your credit card

d. If you fail to complete any booking, or cancel it, then you may be subject to the Property's own cancellation policy, but in any event, you authorise the Property to debit a minimum 90% of the first nights accommodation rate from your credit card, as a cancellation fee.

e. Check-in reserves the right to charge your credit card for any cancellation or amendment fees due.

3. THE WEBSITE SERVICE

Please note that in providing a booking service through our Web Site, we are only acting as an intermediary venue for Properties to post information relating to the availability of accommodation. We are not otherwise involved in any transaction between Properties and their guests.

Although we endeavour to ensure the accuracy of the information appearing on our Web Site, we do not control, verify, support or endorse either the information made available by Properties on the Web Site or the quality or price of the accommodation offered on it.

4. ELIGIBILITY AND USE OF SERVICE

If you use this Web Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your username or password. You represent that you are of sufficient legal age to use this Web Site and to create binding legal obligations for any liability you may incur as a result of the use of this Web Site. You understand that you are financially responsible for all uses of this Web Site by you and those using your login information.

You and we are independent contractors. Neither this agreement nor any use of the Web Site shall be deemed to create any relationship of agency, partnership, and joint venture, other joint business relationship, trust, or fiduciary relationship between you and us.

5. DELIVERY POLICY

Upon making a booking through our Web Site, an email confirmation of your booking will be sent to the email you have provided to us. The email confirmation will specify details of your booking.

6. USE OF WEB SITE

You may only use the Web Site for your own personal use. Information you obtain from the Web Site may be stored in computer readable form and printed out and used only for your own personal purposes.

Except as provided above, you may not • Copy, reproduce, upload, post, display, republish, distribute, transmit or communicate to the public any part of the Content in any form whatsoever; • Use a frame or border environment around the Web Site, or other framing technique to enclose any portion or aspect of the Web Site, or mirror or replicate any portion of the Web Site; • Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Web Site; • Reverse engineer any part of this Web Site; or • Sell, offer for sale, transfer, or license any portion of the Web Site in any form to any third parties

Any aspect of the Web Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you and you should therefore periodically visit this page to review the then current Terms to which you are bound. However, we make no commitment to update the information contained on this Web Site. You agree that we shall not, to the extent permitted by law, be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. If you continue to use this Web Site after a variation to these Terms has been made, you will be deemed to have agreed to the new Terms and your use of this Web Site will be conditional upon the Terms in force at the time of your use.

You and we are independent contractors. Neither this agreement nor any use of the Web Site shall be deemed to create any relationship of agency, partnership, joint venture, other joint business relationship, trust, or fiduciary relationship between you and us.

7. SYSTEM INTEGRITY

We will use our reasonable commercial efforts to keep our Web Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Web Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

We make reasonable attempts to exclude viruses from the Web Site, but cannot ensure that the Web Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Web Site. We assume no responsibility for any damage to computer equipment or other property that may result from use of the Web Site or downloading anything from the Web Site.

8. LINKS to THIRD PARTY SITES


For your convenience, our Web Site may provide links to other sites. When you click on one of these links, you are leaving our Web Site and entering another site. We are not responsible for the contents of any linked third party websites or any hyperlink contained in the linked third party websites. The inclusion of any link does not imply an endorsement of the linked third party site by us and its subsidiaries. Any link within this Web Site which takes you to a third party site is accessed entirely at your own risk.

You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.

9. PRIVACY


We believe your right to privacy is important and should be protected. You acknowledge that you have read our Privacy Policy (available by clicking here: "Privacy Policy") and agree with it. This Privacy Policy forms part of the terms and conditions of this agreement. It explains our policies relating to its management, security, use and disclosure of personal information covered by the Australian Privacy Act (Cwth). By accepting this agreement you consent to us using and disclosing your personal information for the purposes and in the manner set out in this agreement and the Privacy Policy.

If you book accommodation through check-in.com.au we gather personal information from you which may include without limitation your full name, email address, telephone numbers, the postal code of your residential address, and credit card account details so that we can process your booking. It is important that information you provide for us to hold is complete, accurate and up to date.

Your full name and credit card details are kept by us and passed on to the particular accommodation provider with whom you apply to make a booking, for credit card processing. None of your personal information is given out to any third parties apart from the accommodation provider.

You consent to us using your information (and technical information about your use of the Web Site) to contact you in regard to advertisements on the Web Site, to facilitate your movement through the Web Site, or communicate separately with you to offer you marketing or promotional information.

We will take reasonable steps to protect your personal information from misuse, loss and from unauthorised access, modification or disclosure.

10. INTELLECTUAL PROPERTY RIGHTS

You recognize and agree that you will not, except as otherwise permitted by this agreement, disclose, make use of or otherwise infringe our intellectual property rights in the Web Site. This promise shall survive the expiration or termination of this agreement.

With respect to information that you provide on the Web Site, we reserve the right to take any action with respect to such information we deem necessary in our sole discretion. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Web Site and cancel any booking you may make.

  11. INDEMNITY

You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including our legal fees (on a lawyer/client basis), arising out of or in connection with a breach of your obligations, representations and warranties provided in this agreement. You also agree to hold us harmless for all liability, claims, damages and costs, including our legal fees (on a lawyer/client basis), arising out of or in connection with any errors, malfunctions or defects in connection with the Web Site.

  12. TERMINATION

We may in its sole discretion at any time and without advance notice or liability, terminate these Terms and/or the provision of any of the Services or restrict your access to all or any component of the Web Site at any time for any reason, including without limitation any improper use of this Site or your failure to comply with these Terms. Upon such termination or suspension, you must immediately discontinue use of the Web Site, and destroy any copy you have made of any portion of the Web Site. Such termination shall not affect any right to relief to which we and our third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to us and our third party providers or distributors, as applicable.

  13. ASSIGNMENT

Only we are entitled to assign, in whole or in part, any of our rights or obligations under this agreement.

  14. GOVERNING LAW AND JURISDICTION

If you access the Web Site from outside of Australia then you do so at your own risk. You alone are responsible for ensuring compliance with all laws that apply to you as a result of that access.

This agreement shall be construed and enforced in accordance with the laws of New South Wales, Australia. The parties agree to submit themselves to the exclusive jurisdiction of the courts of New South Wales.

  15. SEVERABILITY

If one or more provisions of this agreement are held to be invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this agreement are intended to be, and shall be, severable.

  16. ENTIRE AGREEMENT

This agreement (including the Privacy Policy) constitutes the entire agreement between you and us and supersedes all other agreements. No other representations or warranties are made, save for those contained within this agreement.

This agreement between you and us is effective immediately upon acceptance by you. This agreement may be amended at any time by us posting the amended terms on the Web Site. It is your responsibility to regularly check these amended terms. This agreement may not otherwise be amended unless signed by our authorised representative.

  17. Definitions

Unless otherwise indicated in this agreement, the following terms shall be defined for the purposes of this agreement as follows: "We" and "us" means Disruptive Opportunities No.1 Pty Ltd ACN 164 109 826 and its officers, directors, agents, affiliates, and employees; "You" means the party entering this agreement as a user of the Web Site services; "Property" means any party offering accommodation on the Web Site through the booking service we provide; "Web Site" means the web site located at (www.check-in.com.au); “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Services; “Services” means the accommodation, and other items available through the Web Site; "Mark" means trade mark, trade name, service mark, trade dress, logo, custom graphics, or icon;

  18. LIMIT OF LIABILITY

If you have a dispute with any Property you release us (and our agents and employees) from any claims, demands and damages, actual and consequential, of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Without limitation, this expressly includes any dispute regarding negligent, misleading or deceptive claims or statements on the Web Site. To the extent permissible by law, you also waive any rights that you may have by reason of any statute applicable at the time of the dispute.

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES IN RELATION TO THE WEB SITE OR SERVICES SUPPLIED UNDER THIS AGREEMENT, AND EXCLUDE ALL CONDITIONS, WARRANTIES AND TERMS IMPLIED BY STATUTE, GENERAL LAW, INTERNATIONAL CONVENTION OR CUSTOM.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, IF ANY OF THE EXCLUSIONS OR LIMITATIONS SET OUT ABOVE ARE DECLARED ILLEGAL OR VOID, THEN TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR BREACH OF A CONDITION OR WARRANTY IMPLIED INTO THIS AGREEMENT BY THE AUSTRALIAN TRADE PRACTICES ACT 1974 (OR OTHERWISE) IS LIMITED TO SUPPLYING AGAIN THE SERVICES, IN RESPECT OF THE BREACH.

IN NO EVENT WILL WE (INCLUDING OUR AGENTS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: PROCUREMENT OF SUBSTITUTE SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEB SITE, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE WAS OTHERWISE FORESEEABLE. IN ANY EVENT, AND WITHOUT LIMITING THE EFFECT OF THE OTHER PROVISIONS OF THIS AGREEMENT, OUR LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY LOSS OR DAMAGE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US DURING THE PREVIOUS 12 MONTHS OR $100 AUSTRALIAN DOLLARS WHICH EVER IS THE LESSER.

NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, RIGHT OR REMEDY IMPLIED OR IMPOSED BY STATUTE OR REGULATION IF IT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

CONTACTING US: You can contact us at the following address:

Disruptive Opportunities No.1 Pty Ltd, Level 15, 74 Castlereagh Street, Sydney NSW 2000, Australia  


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