These Terms & Conditions of Use for THE BRANKSOME HOTEL & RESIDENCES web site and/or mobile application (the “Site”) govern the use of the Site along with any specific terms & conditions set forth on the individual pages within the Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on the Site is subject to The Branksome Hotel & Residences (TBHR) Privacy Policy for Guests available here which is hereby incorporated into these Terms & Conditions.

As used throughout the Site, the terms “TBHR,” “the Company,” “our,” “we,” “us,” and other similar terms may refer to The Branksome Hotel & Residences. These terms are used for convenience only and are not intended as a precise designation of any one particular entity.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (and/or downloading a mobile application offered by TBHR), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions, please exit the Site immediately.

USE OF COOKIES

PLEASE NOTE: The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when visiting a web site. These cookies are then sent back to the originating web site when you visit that site again or to another site that recognizes that cookie.

Please read and familiarise yourself with our policy and use of cookies in our Privacy Policy for Guests.

LOCATION BASED SERVICES

Certain Sites may include providing you with content based on your location, including providing you with directions within TBHR, sending you special offers or offering you suggestions of hotel activities, services or promotions.

USE OF THE SITE

General

You may only use the services of the Site if you are at least 18 years of age and can form legally binding contracts under applicable law. The services of the Site are not intended for and should not be used by minors. Please note that additional terms & conditions may apply to reservations, purchases, transactions, uses or activities that may occur on or through the Site.

Accounts / Passwords

You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.

Reservations / Services

TBHR provides the Sites solely to permit you to determine the availability of certain goods and services. You may only use the Site to make legitimate reservations or purchases for yourself and your invited guests or an individual for whom you are authorized in advance to act. Unless you have obtained prior written permission from TBHR, you may not use the Site to make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms). Reservations made in violation of these Terms & Conditions may be cancelled without notice in TBHR’s sole discretion. TBHR further reserves the right to cancel reservations without notice that are transferred in violation of these Terms & Conditions.

Credit Card Information

The storage of credit card information on the Site (if available) is entirely optional. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that TBHR may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide TBHR with your account information or if you have established a link with such devices.

TBHR’s Right to Cancel / Errors / Mistakes

The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Also in rare circumstances, it may be possible for hackers to post erroneous data on the Site. TBHR assumes no responsibility or liability for such errors, inaccuracies, or omissions. TBHR shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions. TBHR shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

TBHR does not guarantee acknowledgement of reservations or transactions made on TBHR website if they are made as a result of mistakes arising from unforeseen circumstances, omissions or errors that may sometimes occur.

TBHR reserves the right to dishonour all Reservations and Bookings made on our website as a result of a mistake on the rates or availability of accommodation offered or as a result of malicious postings made by a hacker and TBHR’s only liability in such instance is the refund of any monies collected.

Promotional Information

The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. TBHR reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

We take no responsibility for third-party promotional materials displayed on our Site.

Prohibited Uses

Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from TBHR. You may not use the Site to post or transmit any unlawful, infringing, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil penalties, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, malware, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without TBHR’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with the Site, its content, or its operation without TBHR’s prior express written consent.

Privacy & Confidentiality

Your submission of information on the Site to make a reservation or utilize any other services made available to you on the Site is subject to TBHR’s Privacy Policy for Guests available here which is hereby incorporated into these Terms & Conditions. Subject to the Privacy Policy, any communications such as searches, questions, comments, suggestions, requests and similar communications submitted by you to TBHR are not confidential communications and TBHR shall be free to use, reproduce, publish, distribute and disclose such communications. TBHR is under no obligation to protect such communications from disclosure. TBHR may use, reproduce, publish, distribute and disclose such communications to others without limitation and without any obligations to you. TBHR is also free to use for any purpose whatsoever any ideas, concept, content, techniques or know-how in such communications without limitation and without any obligations to you.

The Site may tailor information, offers and other content based on your browsing habits on the Site and your geographic location.

Links

The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. TBHR provides these links solely as a convenience to you. The inclusion of these links in no way indicates TBHR’s endorsement, support, or approval of such sites, such site’s content, products, or services or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms & conditions of such sites. We are not responsible for the content, products, services or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without TBHR’s express prior written consent.

TBHR is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with the websites. TBHR is not responsible for any incorrect information associated with any transaction or transmission on or to the websites regardless of whether such incident is the result of user error, system error or human error.

Miscommunications / Lost Transactions

TBHR is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. TBHR is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error or human error.

Availability

The Site is available to anyone with Internet access. However the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on TBHR’s products and facilities. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.

INTELLECTUAL PROPERTY

General / Ownership

Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of TBHR or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without TBHR’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.

Copyright

Unless otherwise noted, all content on the Site is the copyrighted property of TBHR. All content of the Site is protected by Australian copyright laws.

GENERAL LEGAL TERMS

Right to Restrict Access

In addition to any other rights or remedies that may be available to TBHR, TBHR may without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Site at any time for any period of time and without notice.

Warranty Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

No Waiver

TBHR’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

CONTACT

If you have any questions or concerns regarding this Site, please contact us here. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted subject to TBHR’s Privacy Policy for Guests.