G'DAY PARKS TERMS OF WEBSITE USE

Last updated 28 September 2020

1    Purpose of this website
This website is provided to assist you with gathering information, determining the availability of accommodation, making bookings, placing orders and transacting with the suppliers of accommodation and other services (‘Booking Services’).  This website also provides you with the ability to join the G’day Rewards Membership Program.

2    Meaning of Words
In these terms of and conditions, a reference to:

  • ’we’, ’our’ or ’us‘ means Australian Park Licence Co Pty Ltd ABN 99 622 566 205 which is the operator of this website
  •  ‘Discovery’ means Discovery Holiday Parks Pty Limited ACN 111 782 846; 
  • ‘you’ or ‘your’ is referring to the person using this website.
  • ‘your party’ means any person who accesses our park in connection with your accommodation booking, including any family, children, friends or other people visiting the park at your invitation.
  • ‘Member Park’ means a tourist accommodation or holiday park owned or operated by, or on behalf of, suppliers of those services who are members of our park network.
  • G’day Rewards Membership Program” means the membership program run by us.

3    Agreement to terms of use

3.1  By using this website, including by making a booking or placing an order, you agree to be bound by terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on our website) as amended from time to time We may amend these terms of use from time to time. If we do, the amended terms of use will be posted on our website.

3.2    As a condition of your use of this website, you warrant and represent that you are at least 18 years of age. Where you make a booking or place an order on someone else’s behalf, you warrant that you have their permission to do so and will inform them about these terms of use, our privacy policy  and all other terms and conditions that apply to that booking or order.

4    Information you provide

4.1    You will ensure any information, including personal information, you supply through this website is true, current and accurate and that you have the appropriate permission or authority to supply that information.  When providing any personal information through this website, you agree to the collection, use and disclosure of your personal information in accordance with our privacy policy.  Our privacy policy is available separately here.

4.2    We may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain sections of our websites or to perform certain actions on our websites (“passwords”). You are entirely responsible for maintaining the confidentiality of your passwords and for all activities that occur under your account. We reserve the right to immediately suspend or terminate your account in our sole discretion and without prior notice to you if we believe your password(s) have been compromised, or if you breach any part of these terms and conditions.

5    Information we provide

5.1    Other than the G’day Rewards Membership Program, the information displayed on this website regarding accommodation and other services is made available to us by Member Parks. This includes, but it not limited to, information about availability, rules, pricing, the facilities and available amenities and the terms and conditions which apply to any booking made with the Member Park.

5.2    Our website provides the Booking Services with Member Parks. We do not provide the accommodation services and products that you can access through our website. The accommodation services and products are owned, controlled or made available by Member Parks. The Member Parks are responsible for the accommodation services and products. 

5.3    We are not responsible for the information provided by Member Parks and rely on the accuracy of the information supplied by the relevant Member Park.  If we become aware that the information provided by a Member Park is incorrect, we reserve the right to correct such information (which may include pricing information) and seek to amend your booking to ensure that it reflects the correct information.  We do not warrant the accuracy or completeness of, or any representations made in information on our website, any website that links from our website, or any information received as a result of using our website.  

5.4    Our website may contain hyperlinks to websites operated by parties other than us. These hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or your use of them Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

6    Process for bookings and orders

6.1    The information provided on this website in relation to the provision of accommodation or other services by a Member Park constitutes an invitation to treat and is not capable of acceptance by you. Any booking you make, or order you place, constitutes an offer made by you to purchase the relevant accommodation or service subject to these terms and conditions of use and also any terms and conditions of the Member Park. A contract in relation to your offer is formed once we process your payment.

6.2    You agree that any booking made through our website which is subsequently cancelled or partially cancelled will incur a twenty-dollar (A$20) charge for our time to process and manage that cancellation or partial cancellation. Any amount refunded to you in connection with the cancelation or partial cancelation is less the credit card fee incurred during the course of the initial website booking transaction. 

6.3    Additional terms and conditions imposed by the Member Park may also apply to your booking. Such additional terms and conditions may also impose charges for cancellations or partial cancellations, or specify amounts which will not be refunded in the event of a cancellation or partial cancellation. Where this occurs, such arrangements are in addition to the twenty-dollar (A$20) charge for our time of processing and managing the cancellation or partial cancellation.

6.4    You will be notified of any additional terms and conditions at the time you proceed to place a booking if the Member Park has provided them to us. Please ensure you read such additional terms and conditions carefully as they will apply to your booking once your payment has been processed. You agree to abide by any additional terms and conditions imposed by any Member Park, including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant rules and restrictions regarding availability and use of a Member Park’s products or services.

7    Terms and Conditions applying to G’day Rewards Membership 
If you offer to purchase a G’day Rewards Membership Program through this website, then such offer is made on the basis that you acknowledge and agree to the terms and conditions for the G’day Rewards Membership Program. A copy of those terms and conditions is available here.

8    Copyright, trademark notice and prohibited activities 

8.1    The content and information on this website (including, without limitation, the software, design, layout, text, graphics and price and availability information relating to accommodation and services):

8.1.1    is proprietary to us, our Member Parks or our suppliers or related entities;

8.1.2    includes registered trademarks and trademarks which are protected by law; and

8.1.3    contains content protected by copyright under the laws of Australia and other countries.

8.2    You agree not to do any of the following:

8.2.1    use another person's name, G’day Rewards Membership, identification or password without permission nor use this website while impersonating another person;

8.2.2    use this website, its contents or information for any commercial purpose;

8.2.3    modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from and content or information on this website;

8.2.4    transfer, sell or re-sell any accommodation or services obtained from this website;

8.2.5    use any device or software to interfere or attempt to interfere with the proper working of this website;

8.2.6    copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this website including, without limitation, text, graphics, downloads and software;

8.2.7    access, monitor or copy any content or information on this website using any robot, program, algorithm or other automated means;

8.2.8    post or transmit any unlawful, threatening, defamatory, obscene or indecent material on or through this website; or

8.2.9    "frame", "mirror" or otherwise incorporate any part of this website into any other website.

8.3    We may, in our discretion, deny anyone access to this website at any time and for any reason including, but not limited to, for violation of these terms of use. 

9    Disclaimer 

9.1    To the maximum extent permitted by law, we: 

9.1.1    do not make any representation about the suitability of the accommodation or services contained on this website and the inclusion or offering of any accommodation or services on this website does not constitute any endorsement or recommendation of such accommodation or services by us;

9.1.2    do not guarantee the accuracy of any information on this website and you acknowledge that it may include inaccuracies or errors, including pricing errors;

9.1.3    exclude any warranties or conditions relating to merchantability or fitness for a particular purpose; and

9.1.4    do not warrant that this website or any email sent by us or our Member Parks are free of viruses or other harmful components.

9.2    Nothing in these terms of use is intended to limit, exclude or modify or purport to limit, exclude or modify any statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010.

10    Liability

10.1    Your purchase of any accommodation or other goods or services may be subject to certain laws, including statutory warranties under the Australian Consumer Law. 

10.2    Nothing in these terms and conditions is intended to limit, exclude or modify or purport to limit, exclude or modify any statutory implied guarantees and warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010.

10.3    Other than as set out in this clause 10.3, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by us are excluded, in particular .

10.3.1    we are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of our website, including without limitation use of any good or service purchased, provided or booked through or in connection with our website; 

10.3.2    the Member Parks are independent from us and are not our agents or employees. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Member Park, including for injuries, death, property damage, or other damages or expenses resulting therefrom. We will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond our direct control;

10.3.3    we are not liable for disruptions to our website (howsoever arising) and do not guarantee the accuracy of any information on our website, and you acknowledge that it may include inaccuracies or errors, including pricing errors;

10.3.4    we do not warrant that this website or any email sent by us are free of viruses or other harmful components and we are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of our website;

10.3.5    you agree to defend and indemnify us against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, we suffer as a result of your breach of these terms and conditions (‘Liability’) provided that your indemnity will be reduced to the extent that a Court finds our negligent act or omission has contributed to such Liability;

10.4    If any warranties relating to goods or services obtained from this website are implied by us at law and cannot be excluded by us, then to the maximum extent permitted by law our liability to you is limited to:

10.4.1    in the case of goods supplied to you by us, the repair or replacement of the relevant goods; and 

10.4.2    in the case of services supplied to you by us, the supply of the relevant services again, or the payment of the cost of resupplying the services.

11    Other provisions

11.1    No failure under these terms and conditions to exercise nor any delay in exercising any right, power or remedy by us operates as a waiver and any waiver will be not valid or binding on us unless we make it in writing.

11.2    South Australian law governs these terms of use and you agree to submit to the exclusive jurisdiction of South Australian courts in respect of any dispute regarding these terms of use.

11.3    Any part of these terms of use which is invalid or unenforceable at law is severed from these terms of use without affecting the balance of the terms of use.

11.4    Any queries or disputes arising in connection with a booking or any matter in connection with these terms and conditions is to be directed to Australian Park Licence Co on 08 8219 3000 or in writing at Australian Park Licence Co, Level 7, 60 Light Square, Adelaide SA 5000 or via email at info@gdayparks.com.au

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