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
2.3 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:
6. Prohibited uses
6.1 You must not use the Website:
6.2 Additionally, you must not:
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.
7.1 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:
7.3 We do not guarantee that the Website, or any content on it, will be:
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:
8.2 “Consequential Loss” means:
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:
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.
11.1 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.