TERMS & CONDITIONS
The website www.soulofgerringong.com.au (and all associated digital platforms, media accounts, mobile applications (together, the website), contents, products, materials and services (together, the services) are owned and operated by Soul of Gerringong Pty LTD ABN 77 632 071 008 (SOG, company, we, us, our). The term you or the client refers to any user or browser of the website or purchasers of our services.
The terms and conditions and any additional disclaimers, policies and legal notices displayed on our website from time to time explain how you may use our website and services. It is important that you read and understand these terms and conditions. By accessing any information, by downloading our guides, subscribing to the Soul newsletter or registering in any other way to our mailing list, or using the services provided through the website, you will be deemed to have accepted and agreed to be bound by these terms and conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’)
You agree that the use of the website and services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the website and services. You acknowledge and agree that using the website and services in any way other than what is expressly stated in these terms and conditions will amount to a breach of this agreement, and this agreement may be terminated in accordance with the provisions below.
These terms and conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the terms and conditions (or any changes to them), please do not continue to use the website and services.
1. Services disclaimer
Our website and services aim to provide holiday rental accommodation and information.
The information, videos, images, content, and material contained in or available through the website and services are provided for general information purposes only. None of the content on this website represents or warrants that any method or service is appropriate or effective for every business, individual or property. To the extent that we provide any explicit or implied recommendations of any brand, supplier or service, such recommendations are only a general recommendation that is not specific to any particular situation. The information we provide is not intended to be a substitute for professional building and construction advice, legal or financial advice, nor do we claim to be an expert in any specific commercial field.
All information provided by us is provided in good faith, though we make no guarantees of any specific result from the use of the website or services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our services or the information on this website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.
Testimonials (in video or written) displayed on or through our website, social media or other platforms are examples of real experiences and opinions of people’s experiences with our company, website or services, and are for illustration and information purposes only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.
2. Permitted use
SOG prohibits the use of the website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the website and services responsibly and comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the website. You agree you may not use the website or services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes the company’s rights or the rights of others.
You may not use the website or services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our services, or any other communications provided by us for your own personal use, or in a manner not permitted by the terms and conditions.
3. Enquiries & registration
By using our online booking system little hotelier as part of online ventures pty ltd (t/a siteminder) abn 59 121 931 744 you agree to their terms and conditions (accessible at www.Littlehotelier.Com).
If you are making a booking via our online booking system, you acknowledge you have read and agree to be bound by these terms and conditions, whether for yourself or on behalf of a minor. By making a booking you represent and warrant that you are at least 21 years old. If you are making a booking, you warrant that any persons under the age of 21 shall be supervised by a parent or legal guardian, and that you are aware of any age restrictions relevant to your booking or imposed by external service providers. If a third-party is making the bookings on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these terms and conditions.
You agree and acknowledge that all information you provide to us through the booking service will be true, accurate, current and complete, including but not limited to your tittle, name, age, gender, address, telephone number and passport details.
A booking may be cancelled if, due to force majeure, terrorism, natural disasters, political instability or other external events, it is not viable for us to uphold the booking. Where your booking has been varied or cancelled, we will use our best endeavours to provide an alternative that is substantially the same or as similar as practical to the original booking, or voluntarily offer you a right to cancel or change a booking via our booking system. You acknowledge that such a necessity may arise from time to time, and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the terms and conditions of the agreement. Under these circumstances, we will not responsible for any incidental expenses that you may have incurred as a result of your booking.
5. Purchases and pricing
Our services may be subject to change without notice. We reserve the right at any time to modify or discontinue any services without notice at any time and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any services. We reserve the right to limit the sales of our services to any person, geographic region or jurisdiction. All descriptions of services and pricing are subject to change at any time without notice, at our sole discretion.
Depending on the type of booking, either a deposit of 50% or the full amount payable for the services will be charged to your nominated credit card prior to the provision of services, with any remaining fees being charged 21 days prior to the check-in date or hire period or as agreed. Where the charges to your nominated credit card are rejected or fail for any reason, we may suspend the provision of services at our full discretion.
Transactions are processed in aud figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.
Credit cards, chargebacks and payment security
SOG accepts no responsibility for credit card charges that are declined or not accepted due to disruptions with internet connections or problems with your company.
You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence which we are responsible for.
To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. SOG reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
Gateways and merchants
We may use a payment-processing merchant for purchases and payments, or a payment platform, for which you may be directed off-site. By purchasing the services, you agree to comply with these terms of purchase as well as those provided by the payment-processing merchant or payment platform.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant. We reserve the right to change the preferred payment gateway, from time to time and without notice.
6. User-generated content
The website (and any of our other digital platforms, mobile applications or social media accounts or during a course or program) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘user-generated content’), whether through external websites or otherwise. It may also allow you to see user-generated content submitted by others.
You agree you are responsible for your user-generated content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the website, or is in any way connected with services.
You acknowledge we have the right, but not the obligation, to monitor and review user-generated content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your user-generated content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your user-generated content. You acknowledge and agree that we do not authorise, condone or endorse any user-generated content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any user-generated content.
7. Third-party links
The website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do these links imply any endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these terms and conditions only cover the use of this website and our services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible for either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.
The company is responsible for the support and maintenance of its website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the website or services provided through the website. Access to the website may depend on telecommunications, internet service companies and other external factors; we therefore do not guarantee the availability of the website all times or at any specific times.
9. Privacy and security of information
10. Intellectual property
You acknowledge and agree that the website and the services contain information, content and material that is owned by SOG and are protected by all intellectual property and copyright laws recognised throughout the world, including the copyright act 1968 (cth), whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited to copy, distribute, share and/or transfer information, content and material from the website or services (and/or their associated username or passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address, etc.) to ensure additional safety.
No part of the website (including any content, information or material posted on the website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. No part of the services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by us.
SOG respects the intellectual property rights of others and warrants that all information and materials provided via the website and services is original content of SOG and does not violate the intellectual property rights of any third parties. Any and all references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.
You acknowledge and agree to respect the intellectual property rights of others, including but not limited to our users, and third parties, by refraining from using, reproducing or exploiting any third-party content or user content that infringes their intellectual property rights recognised throughout the world, whether existing under statute, at common law or in equity, now or hereafter in force.
These terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks, graphics, and logos, used in connection with the services and website. All intellectual property displayed on the website has been provided with consent. All names, logos and trademarks on the website are the property of their respective owners. Nothing on the website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the website or services to determine if you are in breach of this policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the services, and to report you to the relevant authorities or take any actions as necessary.
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the website or services, effective immediately, with no liability to you or any third party for the following reasons:
(b) where at any time you have committed any act of willful or serious misconduct;
(c)if you fail to pay any fees, payments or expenses properly payable to us for our services by the stipulated date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or government authority; or
(g) upon a request by you.
12. Warranties and liability
Certain legislation, including the australian competition and consumer act 2010 (cth), may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These terms must in all cases be read subject to these statutory provisions. If we are liable to you under the australian competition and consumer act 2010 (cth) or similar legislation, to the extent to which we are entitled to do so, we limit our liability in respect of any claim under those provisions to: in the case of goods, at our option: 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; and, in the case of services, at our option: the supplying of the services again; or the payment of the cost of having the services supplied again.
We do not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time we may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect our legitimate interests.
You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by we) provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the australian consumer law, there are certain consumer guarantees which cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Under no circumstances shall we aggregate liability for all claims relating to the services exceed the greater of $100 aud or the amount you paid us, if any, in the last 12 months.
Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such countries, states or jurisdictions, our liability shall be limited to the extent such limitation is permitted by law.
We shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release us from any and all liability to you for any loss or liability relating to such information in any way.
We do not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release we from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services. We are not responsible for data charges you may incur for downloading or streaming over a data connection.
13. Waivers and indemnity
By using the services, you agree, to the extent permitted by law, indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of the services, or, to the extent permitted by law, any action taken by us as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. To the extent permitted by law, you agree that you shall not sue or recover any damages from us, our directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of our reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
14. Governing jurisdiction
The laws of new south wales govern this agreement, and any access to or use of our services. You agree to submit to the exclusive jurisdiction of the courts of new south wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this agreement.
This agreement (and all related documents, policies and legal notices) constitute the entire agreement concerning your use of this website and supersedes all previous agreements or understandings, whether written or oral, in relation to your use of this website.
No amendment or variation of the terms and conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this agreement is held invalid or unenforceable, that part may be severed from this agreement, and the remaining portions of these terms and conditions will remain in full force and effect.
The failure of a party at any time to perform any obligation under the terms and conditions is not a waiver of that party’s right:
(a) to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
(b) at any other time to require performance of that or any other obligation under the terms and conditions.
These terms and conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.