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Terms of website use

Last updated 27 August 2018

Thank you for visiting our website.

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.

Operator of this website

In these terms of use, 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. A reference to ‘you’ or ‘your’ is referring to the person using this website.

Agreement to terms of use

By using this website, including by making a booking or placing an order, you agree that these terms of use apply to your use.

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.

As a condition of your use of this website, you warrant 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.

Information you provide

You will ensure any information you supply through this website is true, current and accurate and that you have the appropriate permission or authority to supply that information. Our privacy policy is available separately on this website. When providing any information through this website, you consent and agree to our privacy policy.

Information on this website

The information displayed on this website regarding accommodation and other services is made available to us by the relevant suppliers (such as the owners or operators of tourist or accommodation parks) or their authorised representatives (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.

We are not responsible for such information 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.

Process for bookings and orders

The information provided on this website 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 of use and also any terms and conditions of the Member Park. A contract is formed once we process your payment.

Terms and Conditions applying to bookings

You agree that any credit card fee you have paid as part of a transaction conducted on this website is not refundable in any circumstances.

You agree that any booking made on this 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.

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.

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.

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 at: https://www.gdayrewards.com.au/terms

Copyright, trademark notice and prohibited activities

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):

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

  2. includes registered trademarks and trademarks which are protected by law; and

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

You agree not to do any of the following:

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

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

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

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

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

  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;

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

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

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

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. 

Disclaimer

To the maximum extent permitted by law, we: 

  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;

  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;

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

  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.

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.

Liability

To the maximum extent permitted by law, in no event shall we be liable for any loss you may suffer arising out of, or in connection with, your use of, or inability to use, this website.

In relation to any liability which cannot be excluded by law then our liability will in no event exceed, in the aggregate, the greater of: (a) the amount we processed as your payment in connection with a transaction on this website, or (b) One-Hundred Dollars (A$100.00).

The limitations specified in this section apply even if any exclusion of liability specified in these terms of use is found to have failed in its essential purpose.

If any warranties relating to accommodation 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 for breach of such warranties is limited to, at our option: (a) the supply of the accommodation again; or (b) the payment of the cost of having the accommodation supplied again.

Indemnification

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 of use or your use of this website.

Other provisions

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.

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.