Terms of Use
These Terms of Use set out the terms upon which Darton Family Trust trading as Locay ABN 75 952 072 661 & HotelsCombinedPty Ltd ACN 122 130 554 (we, us or our) provides access to the Website and the Information.
Definitions
In these Terms of Use:
Information means all of the information available on the Website including:
- hotel room availabilities;
- hotel room rates;
- hotel descriptions and photographs;
- hotel amenities;
- customer reviews; and
- editorial commentary;
Permitted Purpose means the purpose of comparing hotel accommodation rates and services in connection with the making of bookings and/or travel arrangements, but excludes any republication or resupply of the Information or any part of the Information to consumers by any electronic means;
Third Party Offering means the goods and services offered for sale by a third party;
Website means the website located at www.hotelscombined.com.au and/ or www.locay.com and/or www.locay.com.au
Access
By accessing the Website, you:
- agree to be bound by these Terms of Use; and
- warrant that you have attained the age of 18 years.
Prohibited Activities
You must not:
- reproduce in a material form, publish, perform in public, communicate to the public, or make an adaptation of the Information or any part of the Information other than for the Permitted Purpose;
- access or monitor the Information or any part of the Information using any robot, spider, scraper or other automated means without our prior written consent;
- violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent any other measures employed to prevent or limit access to the Website;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.
Indemnity
You indemnify us from and against all costs, claims, demands, liabilities, expenses, damages and loss caused by your use of the Information or any part of the Information for any purpose other than the Permitted Purpose.
Verification of Information and assumption of risk
Verification of Information
You must verify the accuracy of the Information before accepting or using any Third Party Offering.
Assumption of risk
You assume all risk in connection with your:
- use of the Website and the Information; and
- acceptance and use of any Third Party Offering.
No warranty
We do not warrant:
- the accuracy, quality, completeness, or reliability of the Website, the Information and any Third Party Offering;
- that the Website and the Information will be error free, virus free, uninterrupted or free from unauthorised use or hackers.
Liability
Limitation
To the extent that the terms implied under the Trade Practices Act 1974 (Cth) apply to services supplied by us, our liability for any breach of those terms is limited to supplying the services again or paying the cost of having the services supplied again.
Exclusion
Except for those terms which cannot by law be excluded, all terms other than those expressly contained in these Terms of Use are excluded.
Cap on liability
Subject to clause 7.1 above, our maximum aggregate liability to you is limited to the sum of $AU100.
Exclusions from liability
We will not in any circumstances be liable (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit which may arise under these Terms of Use.
General
Entire understanding
These Terms of Use contain the entire understanding between the parties and supersede any prior communications between the parties.
Amendment and variation
We may amend or vary these Terms of Use at any time without notice to you.
Governing law and jurisdiction
These Terms of Use are governed by and must be construed in accordance with the laws in force in New South Wales. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use.