site usage & information agreement

Terms and Conditions

 

  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.

    3. Your access to and use of the Site, including your Booking of Services through the Site, is subject to these terms and conditions.

    4. The terms and conditions also apply to the sale of any Services via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.

 

  1. Disclaimer

The information contained in 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.

 

  1. Intellectual Property

    1. You:

      1. acknowledge that the copyright in the Site, the software, design, text and graphics comprised in 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.

 

  1. Viruses

    1. 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.

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

    3. 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.

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

 

  1. 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.

 

  1. 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.

 

  1. Booking Events

    1. Where you wish to book the venue for an Event, we will issue you with a separate contract which will apply over these terms and conditions in the event of any inconsistency.

 

  1. Placing a Booking for Services

    1. If available, you may make a Booking for Services by selecting and submitting your Booking through the Site in accordance with these terms and conditions. Alternatively, we may utilise a third-party booking provider to take your Booking on our behalf.

    2. Any Booking placed through this Site for a Service is an offer by you to purchase the particular Service for the price notified at the time you place the Booking.

    3. We may ask you to provide additional details or require you to confirm your details to enable us to process any Bookings placed through the Site.

    4. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

    5. When you place a Booking, you must include details of any special requirements you or any person who you are booking Services for, may have including but not limited to any disabilities, allergies and health issues.

    6. All Bookings (whether through our Site or through a third party site) are subject to our Accommodation Policy.

 

  1. Acceptance or Rejection of a Booking

    1. We reserve the right to accept or reject your Booking for any reason, including (without limitation) if the requested Service is not available, if there is an error in the price or the Service description posted on the Site or in your Booking.

    2. Each Booking placed for Services through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Services. For each Booking accepted by us, we will supply the Services in that Booking to you in accordance with these terms and conditions.

    3. If we reject a Booking placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Booking or within a reasonable time after you submit your Booking.

 

  1. Cancelling a Booking (by Us)

    1. Prior to provision of the Services, we may cancel all or any part of a Booking (including any Bookings that we have accepted) without any liability to you for that cancellation if:

      1. the requested Services in that Booking are not available; or

      2. there is an error in the price or the Services description posted on the Site or in any other sales platform in relation to the relevant Service in that Booking; or

      3. that Booking has been placed in breach of these terms and conditions; or

      4. for any other reason at the sole discretion of The Cove.

    2. If we do so, then we will endeavour to provide you with reasonable notice of that cancellation and will not charge you for the cancelled Booking if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.

 

  1. Cancelling a Booking (by You)

    1. Where you cancel a Booking the provisions of clause 18 shall apply.

 

  1. Prices, Fees and Charges

    1. The prices of Services displayed on this Site are current at the time of issue, however, The Cove reserves the right to change prices at any time before we accept a Booking from you.

    2. All prices shown on this Site are in Australian Dollars (AUD).

    3. We will charge you, and you agree to pay, the following fees and charges in relation to a Booking that we accept (as applicable):

      1. the purchase price of each Service that is booked; and

      2. any other fees and charges set out in these terms and conditions.

    4. All fees and charges identified in these terms and conditions and all prices for the Services as shown on the Site are inclusive of GST (unless otherwise indicated). 

    5. All Bookings must be paid in full before The Cove will accept any Booking from you.

 

  1. Payments

    1. Where you place a Booking on the Site you will be directed to a third-party payment processer to facilitate the payment.

    2. You warrant that you have read, understood and agree to be bound by the terms of that third party.

    3. The Cove may accept payment by other means at their sole discretion.

 

  1. Provision of Services

    1. The Cove will endeavor to provide the Service to you pursuant to the details of your Booking.

    2. Notwithstanding clause 14.1, The Cove may in its sole discretion elect to cancel a Booking in accordance with clause 10.

 

  1. 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).

  1. 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.

  2. 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.

  3. 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.

 

  1. 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

    2. 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.

    3. 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.

 

  1. Warranty and Liability

    1. The Cove accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

    2. Where we are permitted by law (and subject to clause 17.1):

      1. we do not warrant or represent the suitability of the Site or a Service for any purpose; and

      2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Service.

    3. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

 

  1. Refund

    1. Where a Booking is cancelled The Cove will first offer you an alternative date for the same or equivalent Service.

    2. If you do not want to accept an alternative date in accordance with clause 18.1 then:

      1. The Cove will refund you 90% of the Price of the Booking where you cancel the Booking with at least 60 days prior written notice to The Cove;

      2. The Cove will refund you 50% of the Price of the Booking where you cancel the Booking with at least 60 days prior written notice to The Cove; and

      3. The Cove will not provide any refunds for Bookings cancelled within 30 days of the date of provision of the Service.

    3. Clause 18.2.1 shall not apply and you shall not be entitled to a refund in the event you accept an alternative date pursuant to clause 18.1 and subsequently cancel that Booking.

 

  1. 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.

 

  1. 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.

 

  1. Privacy Policy and Your Personal Information

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

 

  1. Definitions

    1. Capitalised terms used are defined in these terms and conditions.

    2. In these terms:

      1. “Booking” means a Booking by you for our Services.

      2. “Event” means any event, function, wedding, conference, party or gathering in which you book the whole of the venue for your exclusive use.

      3. “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

      4. “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.

      5. “Services” means accommodation and venue hire and associated services offered by The Cove from time to time that are advertised on the Site.