This Website

Kingscliff Accommodation (the Company) operates this Website and these Terms of Use govern your use of this Website. In these Terms of Use, the properties includes Kingscliff Accommodation properties as well as other properties which are operated by the Company or its related bodies corporate and affiliates accessible through this Website.

Use of this Website

By accessing this Website, irrespective of the method or platform by which you access and use this Website, you irrevocably agree to be bound by these Terms of Use.

Children under the age of 16 may not purchase any product or service from this Website and must obtain the permission and assistance of their parent or guardian to do this. You warrant that your use of this Website complies with all applicable laws and these Terms of Use and you unconditionally indemnify the Company for any breach of this. The Company reserves the right to deny access to this Website for any conduct that in its discretion it believes is unlawful or breaches these Terms of Use.

In using this Website, you must not:

  • Disrupt the operation or security of this Website or any accounts, servers, or networks connected or accessible through this Website;
  • Use this Website in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Website;
  • Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breaches any applicable law;
  • Submit any material of any kind which infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder;
  • Submit any material of any kind which contains a virus or other harmful component;
  • Delete any author attribution, legal notices, or proprietary designations or labels in any material that is submitted;
  • Modify or delete any content on this Website or add any content to this Website; or
  • Attempt to gain unauthorised access to any part of this Website.

The Company reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.

Privacy Policy

The Company respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by the Company is handled sensitively, securely and in accordance with regulatory requirements. The Company’s Privacy Policy is available at www.kingscliffaccommodation.net/privacy-policy. By using this Website or by purchasing any products or services from this Website, or by submitting any information to this Website, you agree to the collection and use by the Company of your personal information in accordance with the Company’s Privacy Policy.

Competitions

From time to time, the Company will run competitions on this Website and you agree to review and be bound by the terms and conditions of each competition you enter.

Advertising and Other Links

This Website may contain links to third party controlled websites (Linked Websites) including for advertising which, unless expressly stated on those Linked Websites, are not controlled by the Company. The Company is not responsible for the content, nor does the Company warrant the accuracy of the content on Linked Websites and you agree that your use of Linked Websites and the content contained is entirely at your own risk. You also agree that the Company is not liable or responsible for any goods or services provided by third parties that operate Linked Websites.

Promotional Offers

From time to time, promotional offers (Offers) may be available on this Website. You acknowledge that these may not be able to be used at all the properties or resorts and your use of these Offers is subject to availability of the goods or services offered as well as any other additional conditions attached to the Offers.

Resort or Property Information

This Website may contain Resort or Property information such as Resort facilities and food and beverage outlets which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Property or Resort information but will use its reasonable efforts to keep the details accurate.

Intellectual Property Rights

As between you and the Company, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Website are owned by the Company (or its licensors, sponsors, suppliers or related bodies corporate).  Apart from the personal, non-commercial use of the content of this Website, you must not do any of the following unless you have received the prior written permission of the Company:

  • reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Website (including without limitation any underlying source code or other data);
  • interfere with, or attempt to interfere with, the proper working of this Website, (including, for example, by making excessive traffic demands on this website); or
  • reproduce the Company’s trade marks or logos on another website.

Material You Upload onto the Website

For any material you upload onto this Website or submit to the Company through this Website including on forums, review websites or participation in competitions, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant the Company a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to the Company and consent to any acts by the Company which would otherwise be an infringement of your moral rights.

Severability

If any part of these Terms of Use is held to be illegal or unenforceable by a court of law, you agree to allow the Company to amend that part to the minimum extent necessary to make that part legal and enforceable. If that is not possible, that part will be severed from the Terms of Use with all other parts remaining in full force and effect.

Security and Anti-Fraud Measures

From time to time the Company may use techniques designed to identify fraudulent activities on this Website. You agree to cooperate with such efforts as the Company in its discretion deem necessary and further agree that if you or any others acting on your behalf are suspected of fraud or any other breach of these Terms of Use, the Company may immediately terminate your right to access and use this Website.

Cookies

The Company uses cookie and other technology to track your use of this Website and to enhance your online experience. You can disable cookies via your browser settings.

Supply of Alcohol

Certain Resorts are licensed to serve alcoholic beverages. The Company supports the responsible service of alcohol. The Company reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at the Resorts.

Limitation of Liability

You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or Consumer Guarantees, this Website and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Website and the material contained on this Website at your own risk and to the extent permitted by law, you agree that the Company (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Website and the material contained on it.

Amendment

The Company may amend these Terms of Use from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Website. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, the Company will treat your use as acceptance of the updated Terms of Use.

Governing Law

The Terms of Use are governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Complaints and Dispute Resolution

If you have a complaint about these Terms of Use including the Conditions of Sale, please contact us at manager@kingscliffaccommodation.net.

Terms and Conditions of Letting

The terms and conditions of letting from Kingscliff Accommodation form part of these Terms of Website Use.  Conditions of Letting can be found here: https://www.kingscliffaccommodation.net/terms-and-conditions/

These Terms and Conditions of Letting relate to:

  • Reservations
  • Damage Protection Fee and Security Bonds
  • Guest Responsibilities
  • Cancellations
  • Arrival/Departure Times
  • Linen
  • Pets
  • Faults/Problems
  • Properties for Sale
  • Excessive Noise Policy
  • Disclaimers

GST

GST applies to the purchase of services from this Website and will be charged at the time of purchase.
Force Majeure

The Company will not be in breach of this Agreement and will not have any liability to you whatsoever in respect of your booking if it is prevented from complying with any of its obligations under these Terms and Conditions by reason of Force Majeure. “Force Majeure” means any act, event or circumstance beyond the reasonable control of the Company which has a substantial impact on the Company and/or the tourist and/or hotel industry in the geographical market in which the Company operates, which act could include, without limitation, casualties, war, rebellion, revolution, blockades, riots, insurrection, strikes, lockouts, labour or industrial problems, civil unrest, embargoes, domestic or international disturbance, acts of terrorism, outbreak of disease, virus, pandemics or epidemics, world and/or regional health threats, loss or substantial reduction in major airline services, governmental actions or delays, fire, hurricanes, earthquakes, storms, floods, other natural catastrophes or severe weather conditions or acts of God, travel or health advisories, orders or recommendations issued by any relevant government authorities or international bodies or agencies, or damage or destruction of the Hotel.

In the event of Force Majeure the Company has the right to immediately terminate your booking at the Property and will refund any deposits paid by you as your sole remedy.
No Re-Sale or Promotional Use

Products or services obtained from this Website (including vouchers) may not be re-sold, on-supplied or transferred for commercial, consumer or promotional purposes, bundled with other goods and services or used for promotional purposes without the Company’s prior written consent.