Web Site Terms & Conditions
Please read these Terms and Conditions
carefully before proceeding as they govern your use of this
web site and any goods or services obtained through it.
Click here for our Privacy
Policy
This web site and the related web sites contained herein
(collectively referred to as "the Site") provide
information on hotels and resorts that may be owned, managed
and/or franchised by the Accor Group. The Site also provides
access to a booking facility for internet only Deals.
Descriptions featured on the Site are based on information
provided by hotels, resorts and suppliers. Accor does not
accept responsibility for descriptions, representations or
changes to any such descriptions or representations.
Accor reserves the right to change, modify, add or remove
sections of these Web Site Terms and Conditions and to add
to, change or discontinue the products, programs and information
contained in, or any other aspect of, the Site at any time
and without notice or liability. Please check the Site regularly
for changes.
By using the Site, you agree to be bound by the following
Agreement between you and AAPC Properties Pty Limited (ABN
17 065 560 885) of registered office Level 30, 123 Pitt Street,
Sydney, ("Accor") comprising these Web Site Terms
and Conditions:
Personal and Non-commercial Use Limitation
The Site is for your personal, non-commercial use. You may
not modify, adapt, copy, distribute, transmit, broadcast,
display, perform, reproduce, publish, license, create derivative
works from, incorporate in other works (whether electronic
or not), transfer, or sell any information, software, products
or service found on or obtained from the Site (collectively,
"Accor Information""); provided that you may
download, reproduce, and retransmit Accor Information solely
for non-commercial purposes within your organisation. With
the exception of the foregoing limited authorisation, no licence
or right in any copyright or other intellectual or industrial
property right of Accor or any other party is granted or conferred
to you.
Exclusions and Liability
The Site is provided on an "as is" basis without
warranties of any kind, either express or implied, including
but not limited to:
- a. warranties that your use or operation of the Site
will be uninterrupted, virus free or error free;
- b. warranties that the Site will be free of omission or
inaccuracies; or
- c. implied warranties of merchantability or fitness for
a particular purpose, other than those
warranties or conditions which are imposed by and incapable
of exclusion, restriction or modification under the laws applicable
to this agreement.Nothing in these Web Site Terms and Conditions
has the effect of excluding, restricting or modifying any
non-excludable statutory condition, warranty, guarantee, right,
remedy or other benefit that is preserved by the Trade Practices
Act 1974 (Commonwealth of Australia), the New Zealand Consumer
Guarantees Act 1993 or any other legislative provision.
Where Accor is not entitled to exclude a warranty, condition
or term implied by law, and to the extent permitted by law,
Accor's liability for breach of any such warranty, condition
or term is limited to:
- a. in the case of services, at the option of Accor, either
the re supply of the services or payment of the cost of
having the services re supplied; and
- b. in the case of goods, at the option of Accor, either
the re supply of the goods or payment of the cost of having
the goods re supplied
Your use of the Site and your acquisition of services through
the Site is at your own risk. To the extent permitted by law,
Accor, its agents, representatives or licensors shall not
be liable for any loss or injury or any damages whatsoever,
whether direct, indirect, exemplary, punitive, special, incidental,
consequential or otherwise, including without limitation claims
for loss of profits, business, use, bargain or goodwill, loss
or corruption of data, or loss of savings, resulting from,
or in any way connected to, the use of or access to, or inability
to use or access the Site or any information presented on
the Site or any services provided through the Site, in each
case regardless of whether based in contract, tort (including
without limitation) negligence, equity, strict liability,
statute or any other basis.
Some jurisdictions do not allow the exclusion of implied
warranties or consequential or incidental damages, so portions
of the above-referenced exclusions may not directly apply
to you. If a jurisdiction does not allow the exclusion or
limitation of liability in accordance with the foregoing but
allows limitations of liability to a certain maximum extent,
then Accor's liability is limited to that extent.
To the extent permitted by law, you hereby waive any and
all claims against Accor, its agents, representatives and
licensors arising out of your use of the Site or any other
Accor Information.
Copyright and Proprietary Rights Information
The Site may contain trademarks, patents, technologies,
products, processes or other intellectual property rights
of Accor and/or other third parties, or references to the
same. No licence, interest or right to or in any such trademarks,
patents, technologies, products, processes and other intellectual
property rights of Accor and/or other third parties is granted
to or conferred upon you. Any reproduction or use of any of
the contents of the Site, without the express written consent
of Accor or unless expressly authorised by law, is prohibited.
Your Representations and Warranties
You represent and warrant that:
- a. all information that you Submit is true and accurate;
- b. all content Submitted by you is owned by you and Accor's
use of such content does notinfringe or violate the intellectual
property rights or any other rights of any third parties.
You acknowledge that Accor may use information provided
through your use of the Site as provided for in the Privacy
Policy.
Linked Web Sites
The Site may contain links (including, without limitation,
sites linked through advertisements) which will enable you
to leave the Site. Accor does not review or monitor any web
sites linked to the Site and is not responsible for the content
or accuracy of any such linked web sites. Your linking to
any web sites is at your sole risk and subject to the terms
and conditions of those sites. Accor is not responsible for
the information, products, or services obtained on such other
sites and will not be liable for any loss or damage arising
from your access to or use of such sites. Any links to other
sites are provided merely for the convenience of the users
of the Site and the inclusion of these links does not imply
an endorsement of the linked sites or the content therein.
In addition, you agree not to link your web sites or any other
third party web site to the Site without the express prior
written consent of Accor.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant that
you will not use the Site for a purpose that is unlawful or
prohibited by these Web Site Terms and Conditions and notices.
Without limitation to the foregoing paragraph, if you use
the Site you are solely responsible for any content Submitted
by you. You must not:
- a. use the Site for any purpose in violation of any Applicable
Laws;
- b. impersonate any person, entity or corporation, or Submit
a fictitious name or entity
- c. Submit any content that:
- i. infringes the intellectual property rights of any
third party;
- ii. is unlawful, harmful, threatening, abusive, invasive
of another's privacy, harassing, defamatory, slanderous,
vulgar, obscene, hateful, racist, embarrassing or otherwise
objectionable to any other person or entity;
- iii. contains any unsanctioned advertising, promotional
materials, or any other forms of unsanctioned solicitation,
including, without limitation, junk mail, spam, chain
letters, or any unsolicited mass distribution of e-mail;
- iv. contains a survey, contest, or pyramid scheme;
or
- v. contains an improper question;
- d. stalk, harass or otherwise harm others;
- e. distribute viruses, corrupted files, or any other similar
software or programs that may damage the operation of another
computer;
- f. collect or store personal data about other users of
the Site for any purpose;
- g. induce, entice, solicit, recruit, lure, or attempt
to induce, entice, solicit, recruit, or lure other users
or any of Accor's employees, agents or contractors to another
web site which, in Accor's reasonable opinion, is a competitor
of Accor; or
- h. engage in any other conduct that inhibits any other
person from using or enjoying the Site.
Indemnity
You agree to defend, indemnify and hold harmless Accor and
the Accor Group, and each of their officers, directors, employees,
agents, subcontractors, licensors, and suppliers, from and
against all claims, actions or demands, liabilities, and settlements,
including, without limitation, reasonable legal and accounting
fees, arising in connection with your use of the Site or resulting
from, or alleged to result from, your use of the Site or your
violation of these Web Site Terms and Conditions.
Governing Law
These Web Site Terms and Conditions will be governed by
the laws of New South Wales, Australia, and you irrevocably
submit to the exclusive jurisdiction of the courts of New
South Wales, Australia.
General
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Accor as a result
of this agreement or use of the Site.
Any rights not expressly granted to you herein are expressly
reserved by Accor. The Accor Group are direct and intended
third party beneficiaries of these Web Site Terms and Conditions
and may enforce these Web Site Terms and Conditions directly
against you.
If any part of these Web Site Terms and Conditions is held
to be unenforceable, the unenforceable part must be given
effect to the greatest extent possible and the remainder will
remain in full force and effect.
These Web Site Terms and Conditions constitute the entire
agreement between Accor and you in relation to the Site, and
supersede all other (prior or contemporaneous) communications
or displays whether electronic, oral, or written, between
Accor and you in relation to the Site.
Your use of the Site is conducted electronically and you agree
that Accor may communicate with you electronically for all
aspects of your use of the Site, including sending you electronic
notices.
Definitions
In these Web Site Terms and Conditions, unless the context
otherwise requires:
"Accor" means AAPC Properties Pty Limited (ABN 17
065 560 885) of registered office Level 30, 123 Pitt Street,
Sydney, and "we", "our" or "us"
have the corresponding meaning.
"Accor Group" means:
a. AAPC Limited (ACN 009 175 820) of registered office Level
30, 123 Pitt Street, Sydney;
b. AAPC Properties Pty Limited (ABN 17 065 560 885) of registered
office Level 30, 123 Pitt Street, Sydney; and;together with
their subsidiaries, Related Bodies Corporate, Related Parties,
joint venture partners and any other entities which those
companies may control or hold interests in.
"Applicable Law" in relation to any person, action
or thing means the following in relation to that person, action
or thing:
a. any law, rule or regulation of any country (or political
sub-division of a country);
b. any obligation under any licence in any country (or political
sub-division of a country); and
c. c. any lawful and binding determination, decision or direction
of a regulator in any country (or political sub-division of
a country). "Submit" means to submit, post, upload
or transmit in any manner (whether electronically or otherwise).
Interpretation
In these Web Site Terms and Conditions, unless the context
otherwise requires:
a. words importing the singular include the plural and vice
versa;
b. other parts of speech and grammatical forms of a word or
phrase defined in this agreement have a corresponding meaning;
c. headings and underlining are for convenience only and do
not affect the interpretation of this agreement; and
d. a term or expression starting with a capital letter:
i. which is defined in the clause entitled Definitions has
the meaning given to it in that clause;
ii. which is defined in the Corporations Act 2001 (Commonwealth
of Australia) but is not defined in this Dictionary, has the
same meaning as in the Corporations Law; and
iii. which is defined in any other clause has the meaning
given to it in that clause.
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