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WEBSITE TERMS

1. Who we are

www.siteminder.com, www.littlehotelier.com, appstore.siteminder.com and homeforhotels.com are websites (collectively, the “Website”) operated by SiteMinder Limited ACN 121 931 744 of Bond Store 3, 30 Windmill Street, Millers Point, NSW 2000, Australia (“SiteMinder”, “we”, “us” and “our”).

2. Acceptance of Terms

2.1   By using the Website, you confirm that you accept these terms of use (“Terms”). If you do not agree to these Terms, you must not use the Website.

2.2   Our Privacy Policy is incorporated into these Terms and should be read before sharing your Personal Information on the Website. By continuing to use the website you consent to the use of your personal information in accordance with the Privacy Policy.

2.3   We may amend these Terms from time to time. Every time you wish to use the Website, please check these Terms to ensure you understand the terms that apply to you at such time.

3. Third parties and other sites featured on the Website

3.1   We do not act as an agent or representative of any third parties featured on the Website or make any representations in relation to any third-party applications, products or services sold or displayed on it.

3.2   Where the Website contains links to other sites, including banner advertisements and sponsored links, such links should not be interpreted as approved by SiteMinder. We have no control over the contents of those sites and you access them entirely at your own risk.

4. User Contributions

4.1   We may allow you and other Website users to post content on or through the Website (collectively, “User Contributions”).

4.2   All User Contributions are considered non-confidential and must comply with the Content Standards set out in clause 5 below.

4.3   You grant us a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to use, reproduce, modify, display, distribute and otherwise disclose to third parties the User Contributions for any purpose.

4.4   While User Contributions have not been verified or approved by SiteMinder and any views expressed do not represent our views or values, we may remove User Contributions that breach the Content Standards.

4.5   If you wish to complain about information or materials posted by other users of the Website, please contact us.

5. Content Standards

The content standards in this clause 5 apply to all User Contributions. User Contributions must also comply with all applicable laws and regulations. In particular, User Contributions must not:

  1. contain or promote any material which is defamatory, obscene, indecent, abusive, offensive, harassing, discriminatory, violent, hateful, inflammatory or otherwise objectionable;
  2. infringe upon any Intellectual Property Rights, as that term is defined in clause 9.4;
  3. violate legal rights generally (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability;
  4. involve commercial activities including sales, contests, promotions or advertising;
  5. be deceptive or misleading;
  6. impersonate any person or misrepresent your identity or affiliation with any person or organisation, including with SiteMinder; or
  7. give the impression that they emanate from or are endorsed by SiteMinder or any other person or entity, if this is not the case, (“Content Standards”).

6. Prohibited uses

6.1   You must not use the Website:

  1. in any manner that could disable, overburden, damage or impair it or to engage in any other conduct that restricts or inhibits its use; or
  2. in any way that violates any applicable law or regulation.

6.2   Additionally, you must not:

  1. use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of its content;
  2. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  3. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which it is stored, or any server, computer or database connected to it;
  4. attack the Website via a denial-of-service attack; or
  5. otherwise attempt to interfere with the Website’s operation.

6.3   We may report any of the above activities to law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

7. Disclaimers

7.1   The Website is provided on an “as is” and “as available” basis without any other warranty or condition, express, implied or statutory to the maximum extent permitted by law.

7.2   We specifically disclaim:

  1. any implied warranties of title, merchantability, fitness for a particular purpose to the maximum extent permitted by law; and
  2. any liability for User Contributions or third-party applications, products or services displayed on the Website.

7.3   We do not guarantee that the Website, or any content on it, will be:

  1. accurate, complete or up to date;
  2. available, uninterrupted or error free; or
  3. secure or free from bugs or viruses (you should use your own virus protection software).

7.4   We may suspend or restrict the availability of all or any part of the Website in our sole discretion.

7.5   All content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.

8. Limitation of liability

8.1   In no event will we be liable to you for loss or damage of any kind (including Consequential Loss) arising out of or in connection with your use of or inability to use:

  1. the Website;
  2. any other sites it links to;
  3. any content displayed (including User Contributions); and
  4. any applications, products or services obtained through it.

8.2   “Consequential Loss” means:

  1. loss of revenue, profits or savings (actual or anticipated);
  2. loss of contracts or opportunities;
  3. loss of, or damage to, goodwill or reputation;
  4. loss arising from damage to credit rating or increased financing costs;
  5. loss of data or corruption of data;
  6. loss arising from business interruption or loss or damage resulting from wasted managed time; and
  7. any indirect, special, economic, incidental or consequential loss or damage, howsoever arising, whether based in contract (including under any indemnity), in tort (including negligence), in equity, under the provisions of any law or otherwise.

8.3   Nothing in this clause 8 affects any liability which cannot be excluded or limited under applicable laws. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law.

9. Intellectual Property

9.1   We retain exclusive ownership of all Intellectual Property Rights in the Website, including its look and feel and all related trade marks, logos, product and service names, data and translated content.

9.2   The configuration of the content displayed on or via the Website is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

9.3   If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

9.4   “Intellectual Property Rights” means all categories of intellectual property rights, including the following rights:

  1. patents, copyright, rights in circuit layouts, registered and unregistered designs, trade marks, domain names, business names and any right to have confidential information kept confidential; and
  2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

10. Support

10.1   If you have any questions regarding the Website, please contact us.

10.2   If you have any questions or concerns regarding any third-party applications, products or services featured on the Website, including any relating to defects or performance issues, please contact the third party directly.

11. General

11.1   These Terms are governed by the laws of New South Wales, Australia and in the event of any dispute or controversy regarding the Website, you must submit to the exclusive jurisdiction of the courts of New South Wales.

11.2   If any provision of these Terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect.

11.3   We may assign our rights and obligations under these Terms in our sole discretion.

11.4   Our failure to act on a breach of these Terms does not waive our right to act on subsequent or similar breaches.

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