These are the terms and conditions on which you are offered access to BookMe Australia Pty Ltd and it's search and booking services for activities, attractions, products and services. If you do not accept these terms and conditions, you must refrain from using bookme.com.au and it's online services.
These terms and conditions may be amended in whole or in part by BookMe Australia Pty Ltd from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website and it's services represents your agreement to be bound by the terms and conditions as amended. These terms and conditions were last updated December 2014.
Registering as a member of bookme.com.au is free. By registering as a member you certify that you are at least 18 years old, and can form a legally binding contract that is enforceable against you.
Accurate Information. You represent and warrant to bookme.com.au that you have provided complete, accurate and current personal information when registering as a Member. It is your responsibility to maintain and update your personal information held by bookme.com.au to ensure it is kept current. You must not register as a Member under multiple identities or personas (whether false or not). You are responsible for ensuring that information provided on bookings is accurate. This includes ensuring information populated by your browser's auto-complete function is correct and accurate. If you are aware of an issue on a booking that has already been processed, you are responsible for notifying Bookme as soon as possible.
Termination of membership. bookme.com.au reserves the right to decline to register, to suspend or to terminate your membership at any time in our absolute discretion without entering into further discussions with you. Members who have registered under multiple aliases will have all of their aliases disabled. You may terminate your membership at any time by contacting us and requesting that your membership be terminated
Security of your login information. You are responsible for keeping your login information, including your email address and password, secret and secure.
Emails and newsletters. bookme.com.au may send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other bookme.com.au products and services to you. bookme.com.au may also send regular electronic newsletters to Members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
Actions. You are responsible for any actions (including rating and commenting on operators products and services) undertaken utilizing your Member login details and password.
bookme.com.au provides the website for you to find information about, and book directly with restaurant, experience, activity, & attraction operators (Operators), as well as publish your comments and ratings. You agree to use the Website and the Services for this purpose only.
When you make a booking and it is confirmed to you, you form a binding contract directly with the Operator. You must only make bookings that you intend to use and pay for. Without limitation, any speculative, false or fraudulent booking or any reservation in anticipation of demand is prohibited.
bookme.com.au is not a party to any agreement or transaction between you and an Operator, including any booking for activities or attractions, or other products or services made using the Website. Accordingly, you agree not to involve, or attempt to involve, bookme.com.au in any dispute or in the resolution of disputes that may arise between you and an Operator as a result of the Services provided. The inclusion on the Website of any third party material or a link to a third party website does not mean bookme.com.au endorses or approves that third party or the third party material.
bookme.com.au makes every effort to ensure all information displayed on the website site is accurate; however, as Operators maintain and update their own information on the Website through systems operated by bookme.com.au, we are unable to guarantee the accuracy of all information nor are we able to guarantee that the site is free of errors or faults. As such bookme.com.audoes not accept liability for any errors or omissions. We reserve the right to change information displayed on the website (including these terms and conditions) at any time without notice to you.
bookme.com.au is not responsible or liable for any unavailability of activities attractions, products or services that an Operator indicates on the Website is or are available.
bookme.com.au and/or the operator accept no responsibility for any loss or additional expenses arising from changes, delays or cancellations of the services and activities by the operator.
Operators reserve the absolute right to cancel any activity, attraction, product or service as a result of health & safety concerns, weather conditions, insufficient numbers of people on the trips or any other unforeseen event or circumstance.
bookme.com.au makes no warranty or representation about, and accepts no liability or responsibility for, the quality or suitability of any activity, attraction, product or service displayed on the Website. Further bookme.com.au advises that all activities carry a degree of risk and that by participating in the activity provided by the Operator you are expressly assuming those risks personally and are releasing the Operator and bookme.com.au from any liability, claims, losses, damages or expenses.
Without affecting any of your statutory rights that cannot be lawfully excluded, bookme.com.au is not liable under any circumstances (including, but not limited to, negligence) for any losses, damages, liability, claims or expenses (whatsoever and irrespective of whether direct, indirect, consequential) arising from the use of the Website or the Services or from the use of, or inability to use, any activity, attraction, product or service booked or purchased using the Website.
None of these terms limit your rights under the Trade Practices Act 1974.
bookme.com.aureserves the right to change at any time the fees charged for any of our Services or the manner in which they are charged, imposed or collected. If we launch a new service, the charges for that service will be effective at the launch of that service unless otherwise stated.
All fees are inclusive of Australian GST and in Australian dollars, unless otherwise stated.
Cancellations by the Operator
The availability and costs of cancellations, changes and refunds depend on Operators' own terms and conditions and policies. When you make a booking you agree to be bound by the relevant Operator's terms and policies.
Ratings, Comments & images submitted by you to the Website about Operators must be based only on your own personal experience with that Operator and be true in all respects.
Comments and images you submit to the Website must not be offensive, defamatory, unlawful, misleading or deceptive.
The Comment facility on the Website may not be used to promote any commercial or business activity. If you own or are employed by an Operator, you must not post comments about that Operator.
Where you upload images along with your comments, you specifically give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to all images uploaded.
Additionally, you attest that you own the images uploaded by you, or otherwise have the right to grant the rights and licenses set forward above.
bookme.com.au is not responsible for any of the opinions expressed in the Rating & Comment facilities. By posting a comment you agree to take full legal responsibility and liability for your comments and to indemnify bookme.com.au from all liability, loss, damages, costs or expenses suffered by bookme.com.au in connection with your comments.
bookme.com.aureserves the right to remove or edit any comments that it considers inappropriate or in breach of these terms and conditions.
Comments submitted to the Website are provided for the sole purpose of facilitating the operation of the Website and the Services. You must not market or export any comments on the Website to any other venue or website.
Governing Law: These terms and conditions are governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the Courts of Australia.
System Integrity: We will make the best possible efforts to ensure the availability of the web site and services. However, we take no responsibility for any system unavailability, or for any loss that is incurred as a result of the website or services being unavailable for any reason. Further, bookme.com.au assumes no responsibility for any corruption of any data or information held by us and does not warrant that the Website or the Services will be uninterrupted or error-free, or that the Website will be free from viruses or other harmful content.
Intellectual Property Rights: bookme.com.au owns all proprietary and intellectual property rights in the website and the software and other material underlying and forming part of the services and the website.
Privacy: bookme.com.au may collect personal information about you through your use of the website and services, including your registration details and information on how you use the website and the content you access. You agree that we may use this information to assist us to provide the services to you for internal research purposes, to verify your identity, for promoting and marketing other bookme.com.au products and services to you, and for any other use that you authorise.
bookme.com.au will provide Operators with the information required to facilitate a booking that you make through the Website.
We will not sell or allow third parties to access your personal information without your consent, however you agree that we may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are acting inappropriately or are in breach of the law, third party rights, or these terms.
For further information concerning your rights please visit the Australian Privacy Commissioner's web site at: www.privacy.gov.au
Third Party Web Sites: You agree that We are not responsible for, nor do We endorse, any third party web sites or Content which You access in the course of using the web site. This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.
Miscellaneous: If any provision of the Terms & Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect. bookme.com.au will not be deemed to have waived any right under these terms and conditions unless the waiver is in writing and signed by bookme.com.au
Headings: The headings used in these terms and conditions are included for convenience only and do not affect or limit these terms and conditions.
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