site usage & information agreement

1. General

  1. This website at www.thecovejervisbay.com.au (Site) is a services website where you can browse, select and book accommodation and venue hire (Services) advertised on the Site from South Coogee Property Company Pty Ltd (A.C.N 147 795 480) as trustee for the South Coogee Property Trust and Booderee Property Pty Ltd (A.C.N 624 120 501). (The Cove, us or we).

  2. Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

 

2. Disclaimer

The information contained on this Site is provided in good faith on an "as is" basis. The Cove does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, The Cove is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.

 

3. Intellectual Property

  1. You:

    1. Acknowledge that the copyright in the Site, the software, design, text and graphics comprised on the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;

    2. Must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

    3. Must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

  2. You may:

    1. Store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and the Material; and

    2. Print hard copies of the content and the Material for the sole purpose of viewing and purchasing Services but not for any other use, including commercial use.

  3. This Site, the Services and any ancillary materials or documents owned or used by The Cove in connection with the sale of the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of The Cove. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

  4. ​Viruses

    1. You agree that The Cove has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

    2. If The Cove is found to be liable this will be limited to the cost of supplying the information again.

  5. You are responsible for scanning any information for viruses.

  6. The Cove does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.

4. Compliance with these Terms and Conditions

  1. You agree to be bound by, and comply with, these terms and conditions by:

    1. Using the Site; and/or

    2. obtaining or Booking Services from us using the Site or by any other method of sale.

5. Changes to these Terms and Conditions

  1. If you have a Booking that has been accepted by us, the terms and conditions that will apply to that Booking are the terms and conditions that applied at the time you placed your Booking. We cannot vary the terms and conditions which apply to a given Booking after that Booking is accepted by us.

  2. Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

6. Third Party Goods and Services

  1. In providing:

    1. You access to the Site in which links to third party websites may be available; and

    2. The Services to you, you may have the opportunity to purchase goods and services from third party providers (Third Party Products).

    3. You acknowledge and agree that The Cove shall not be liable for any loss or damage arising from any Third Party Products purchased or used by you.

    4. You acknowledge and agree to indemnify The Cove from any and all loss or damage that The Cove may suffer as a result of or arising from your purchase or use of Third Party Products.

    5. The Cove may receive payments and/or commissions from your purchase of Third Party Products and you acknowledge and agree that will no way impact the exclusions from liability contained in this clause 15.

 

7. Your Obligations

  1. You covenant and warrant that:

    1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

    2. you have and will comply with all relevant laws relating to your use of the Site and your placement of any Booking to us;

    3. you will promptly advise us of any changes to your information provided to us as part of the Booking process;

    4. you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;

    5. you agree that we may charge you for all Services that we agree to supply to you that have been booked by you whether through the Site or otherwise; and

    1. You must not:

      1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

      2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

      3. make fraudulent or speculative enquiries, purchases or requests through the Site;

      4. use another person’s details without their permission or impersonate another person when using the Site;

      5. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

      6. tamper with or hinder the operation of the Site;

      7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

      8. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

      9. modify, adapt, translate or reverse engineer any portion of the Site;

      10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

      11. reformat or frame any portion of the web pages that are part of the Site;

      12. create accounts by automated means or under false or fraudulent pretences;

      13. use the Site to violate the security of any computer or other network or engage in illegal conduct;

      14. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

      15. use the Site other than in accordance with these terms and conditions; or

      16. attempt any of the above acts or engage or permit another person to do any of the above acts.

  2. You acknowledge and agree to indemnify The Cove for any and all loss or damage that The Cove may suffer as a result of a person who you make a Booking on behalf of, breaching these Terms and Conditions.

 

8. Termination and/or Suspension

We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Site if we reasonably suspect that you have committed a fraudulent act and/or you breach these terms and conditions.

 

9. General Provisions

  1. If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

  2. This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

 

10. Privacy Policy and Your Personal Information

Please see our Privacy Policy on the Site, which forms part of these terms and conditions.