Web Policy

Please read these Terms and Conditions carefully before proceeding as they govern your use of this web site and any goods or services obtained through it. By using this web site you will be taken to have agreed to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use this web site. Certain capitalised terms that are used in these Terms and Conditions are defined in the “Definitions” section at the end of these Terms and Conditions.

WEB SITE TERMS AND CONDITIONS

This web site ("the Site") provides information on hotels and resorts that may be owned, managed and/or franchised by the Accor Group. The Site is operated by AAPC Properties Pty Limited (ABN 17 065 560 885), an Australian company, of Level 30, 123 Pitt Street, Sydney (“Accor”).

The Site also includes a booking facility, the use of which is governed by additional Booking Terms and Conditions. When you make a booking using the booking facility, Accor accepts that booking as agent for the provider of the accommodation or other goods or services that you have booked (the “Supplier”), which as stated above may be an Accor Group company, or an independent franchisee.

Descriptions featured on the Site are based on information provided by the relevant Supplier . Accordingly, Accor does not accept responsibility for descriptions, representations or changes to any such descriptions or representations.

Accor reserves the right to change, modify, add or remove sections of these Terms and Conditions and to add to, change or discontinue the products, programs and information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes.

Personal and Non-commercial Use Limitation

The Site is for your personal, non-commercial use. You may not modify, adapt, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or service found on or obtained from the Site (collectively, "Accor Information""); provided that you may download, reproduce, and retransmit Accor Information solely for your personal, non-commercial use . With the exception of the foregoing limited authorisation, no licence or right in any copyright or other intellectual or industrial property right of Accor or any other party is granted or conferred to you.

Exclusions and Liability

While we endeavour to provide a useable and functional Site, given the nature of the internet and computer software to the maximum extent permitted by Applicable Law tThe Site is provided on an "as is" basis without warranties of any kind, either express or implied.

It is your responsibly to protect your computer systems from computer viruses and other harmful code by using a firewall and up-to-date anti-virus software, and regularly backing up your data.

Nothing in these Web Site Terms and Conditions has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by Applicable Law, such as any applicable consumer protection legislative which may operate to protect the purchasers of goods and services in various circumstances.

Where Accor is not entitled to exclude a warranty, condition or term implied by any Applicable lLaw, and then to the extent permitted by Applicable lLaw, Accor's liability for breach of any such warranty, condition or term is limited to:

1. in the case of services, at the option of Accor, either the re supply of the services or payment of the cost of having the services re supplied; and
2. in the case of goods, at the option of Accor, either the re supply of the goods or payment of the cost of having the goods re supplied.

To the extent permitted by any Applicable lLaw, the Accor Group, and its agents, representatives an licensors will not be liable for any direct, indirect, exemplary, punitive, special, incidental or consequential damages, or damages for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any goods or services provided through the Site. To the maximum extent permitted by any Applicable Law, the maximum aggregate liability of the Accor Group, its agents, representatives and licensors resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any goods or services provided through the Site, is limited to AUD$100. The exclusions and limitations of liability in this paragraph operate case regardless of whether the relevant claim is based in contract, tort (including without limitation) negligence, equity, strict liability, statute or any other basis.

Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing but allows limitations of liability to a certain maximum extent, then the liability of the Accor Group, its agents, representatives and licensors is limited to that extent.

Copyright and Proprietary Rights Information

The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of Accor and/or other third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of Accor and/or other third parties is granted to or conferred upon you. Except as described in the “personal and non-commercial use limitation” section above, Aany reproduction or use of any of the contents of the Site, without the express written consent of Accor or unless expressly authorised by Applicable Law, is prohibited.

Your Representations and Warranties

You represent and warrant that:

1. all information that you Submit when using the Site is true and accurate;
2. all information Submitted by you when using the Site is owned by you and the use of such content by the Accor Group and the Service Providers does not infringe or violate the intellectual property rights or any other rights of any third parties.

You acknowledge that the Accor Group may use information provided through your use of the Site as provided for in the Accor Privacy Policy.

User name and other login information

You may be required to register with us, or provide us your existing membership details, in order to access parts of the Site. Where this is the case:

1. you must safeguard your registration or membership details;
2. you authorise us to assume that any person using the Site with your registration or membership details is either you or is authorised to act for you;
3. you must not allow anyone else to use your registration or membership details unless they are acting on your behalf; and
4. you agree to immediately notify us of any unauthorised use of your registration or membership details of which you become aware.

Linked Web Sites

The Site may contain links (including, without limitation, sites linked through advertisements) which will enable you to leave the Site. Accor does not review or monitor any web sites linked to the Site and is not responsible for the content or accuracy of any such linked web sites. Your linking to any web sites is at your sole risk and subject to the terms and conditions of those sites. Accor is not responsible for the information, products, or services obtained on such other sites and will not be liable for any loss or damage arising from your access to or use of such sites. Any links to other sites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement of the linked sites or the content therein. In addition, you agree not to link your web sites or any other third party web site to the Site without the express prior written consent of Accor.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for a purpose that is unlawful or prohibited by these Terms and Conditions

Without limitation to the foregoing paragraph, you must not:

1. use the Site for any purpose in violation of any applicable laws;
2. impersonate any person, entity or corporation, or Submit a fictitious name or entity;
3. Submit any content when using the Site (including when using the booking facility) that:
   
   1. infringes the intellectual property rights of any third party;
   2. is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist or otherwise objectionable to any other person or entity;
   3. contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail; or
   4. contains a survey, contest, or pyramid scheme;
4. stalk, harass or otherwise harm others;
5. distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;
6. collect or store personal data about other users of the Site for any purpose;
7. induce, entice, solicit, recruit, lure, or attempt to induce, entice, solicit, recruit, or lure other users or any of Accor's employees, agents or contractors to another web site which, in Accor's reasonable opinion, is a competitor of Accor; or
8. engage in any other conduct that inhibits any other person from using or enjoying the Site.

Indemnity

You agree to defend, indemnify and hold harmless Accor and the Accor Group, and each of their officers, directors, employees, agents, representatives and licensors from and against all claims, actions or demands, and associated damages, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with or resulting from your breach of these Terms and Conditions.

Governing Law

These Terms and Conditions will be governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Accor as a result of these Terms and Conditions or use of the Site.

Any rights not expressly granted to you herein are expressly reserved by Accor. Where these Terms and Conditions refer to the other members of the Accor Group, Tthe Accor Group are direct and intended third party beneficiaries of these Web Site Terms and Conditions and may enforce these Terms and Conditions directly against you.

If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Site Terms and Conditions, together with the Accor Privacy Policy, the Booking Terms and Conditions, and any other terms which from time to time may govern your use of the Site (such as the terms for any memberships which we offer, or promotions or competitions which we may run) constitute the entire agreement between Accor and you in relation to the Site, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between Accor and you in relation to the Site.

Your use of the Site is conducted electronically and you agree that Accor may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.

Definitions

In these Web Site Terms and Conditions, unless the context otherwise requires:

"Accor Group" means Accor and its Related Bodies Corporate (as that term is defined in the Australian Corporations Act).

"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:

1. any law, rule or regulation of any country (or political sub-division of a country);
2. any obligation under any licence in any country (or political sub-division of a country); and
3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

"Submit" means to submit, post, upload or transmit in any manner (whether electronically or otherwise).

Interpretation

In these Terms and Conditions, unless the context otherwise requires:

1. words importing the singular include the plural and vice versa;
2. other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning; and
3. headings and underlining are for convenience only and do not affect the interpretation of this agreement.

© AAPC Properties Pty Ltd (ABN 17 065 560 885).