Terms and Conditions

Our disclosures

Welcome to Hotel Marketplace! We provide a platform where people interested in browsing hotels for sale, reviewing sold hotels, research, news and other information (Users) and hotel brokers, agents and agencies who want to market and sell hotels and properties (Agents) can connect and interact (Platform). The Platform also provides other news, research and other information for User and Agents to review.

These terms and conditions (Terms) are entered into between Tourism Trader Pty Ltd t/a Hotel Marketplace ABN 81 641 473 592 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform.

In these Terms, you means the person or entity registered with us as either a User or an Agent.

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity to these Terms.

Acceptance and amendments

You accept these Terms by registering on the Platform. You must be at least 18 years old to use the Platform.

We may amend these Terms at any time, by providing written notice to you. If you do not agree to the amendment, you may terminate these Terms in accordance with the Termination clause.

Platform summary

An Agent wanting to advertise hotel and property listings creates an account on the Platform (or we create an account on an Agent’s behalf) and posts an accurate description of the property including images, the location, features and inclusions (Listing). Agents are responsible for updating their Listings, and must remove Listings once the property described is no longer available.

As an Agent, you warrant that you are authorised to list the properties described in your Listings, and you warrant that you have all rights and licences required to add any images or other Intellectual Property to Listings.

You understand and agree that we only make available the Platform. We are not party to any agreement entered into between a User and an Agent and we have no control over the conduct of Agents, Users or any other users of the Platform. We have not verified the accuracy or completeness of any Listing.

Any discussions, negotiations and transactions relating to a property or any services described in a Listing must take place externally to the Platform.

Accounts

Users may register on the Platform and create an account.

If you have an account, the following clauses apply to you.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

You are responsible for keeping your sign-in details and your password confidential and you will be liable for all activity on your account including any payments made (for example, payments for Fees). You agree to immediately notify us of any unauthorised use of your account.

If you are an Agent, we will review your request for an account before approving the request and may request additional information about your business. If you provide us with any information which indicates you are not suitable to be provided with an account, we may refuse to provide you with an account, in our sole discretion.

Payment

For any paid features on the Platform, you agree to pay the fee (set out on the Platform) for each feature you wish to purchase (Fee). To the extent permitted by law, any Fees are non-refundable.

We will provide a number of payment methods on the Platform, including our third party payment processor. By making payment through a third party payment processor, you accept their applicable terms and conditions.

Disputes between Users and Agents

For disputes between Users and Agents, we encourage the Parties to attempt to resolve disputes with the other Party directly and in good faith through external communication methods.

Platform licence

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform, in accordance with these Terms.  All other uses are prohibited without our prior written consent.

When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.

Intellectual Property

All Intellectual Property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and any content on the Platform) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

You must not, without our prior written consent:

(a) copy or use, in whole or in part, Our Intellectual Property;
(b) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate Our Intellectual Property to any third party; or
(c) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.

Your Intellectual Property

All of your Intellectual Property (including copyright, logos and trade marks) will at all times vest, or remain vested, in you. You grant us a non-exclusive, revocable, worldwide, royalty free, sublicensable and transferable right and licence to use and display your Intellectual Property on the Platform. 

This clause will survive the termination or expiry of these Terms.

Content on the Platform

We encourage our users to share content on the Platform, including to our ‘News’ and ‘Research’ parts of the Platform (User Content).

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store and modify in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We may, at any time (at our sole discretion) not approve, or remove any User Content.

Disclaimer

The content on the Platform is not necessarily comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  To the extent permitted by law, we make no representation or warranty regarding any content on the Platform. The content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any content is inaccurate or out-of-date nor for any decisions you make based on the content.

Warranties

You represent, warrant and agree that:

(a) you will not use our Platform in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
(e) you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform; and
(f) where you are an Agent, you are appropriately qualified, and you are responsible for complying with all laws, rules and regulations which apply to providing the services and properties described in your Listings, including those that apply to real estate agents and brokers.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a User, the services provided by an Agent may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: 

(a) any aspect of the User and Agent interaction including the properties offered by the Agent, the description of the properties offered, the provision of real estate agent and brokering services by the Agent, and the sale of properties; and/or
(b) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law: 

(a) neither Party will be liable for Consequential Loss;
(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of that Party’s personnel); and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the fees paid by you to us in respect of the supply of the Hotel Marketplace Services to which the Liability relates, or where there are no fees paid, $50.

This clause will survive the termination or expiry of these Terms.

Termination

You may terminate your account and these Terms at any time, by emailing us at the address below stating that you wish to terminate your account and/or these Terms.

We may suspend or terminate your account (if you have an account), and/or delete you from our mailing list in our sole discretion at any time.

We may also terminate these Terms by giving written notice to you.

These Terms will terminate immediately upon written notice by you, if we are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you.

Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform;
(b) at our discretion, we may remove any content you have provided or uploaded to the Platform;
(c) you agree that to the maximum extent permitted by law, any payments made by you to us are not refundable to you; and
(d) where you are an Agent, we will remove any Listings and you will not be refunded for any Fees and other amounts paid.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. 

This clause will survive the termination or expiry of these Terms.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute between a User and us, or an Agent and us, a Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute before proceeding to any dispute resolution process. Nothing in this clause prevents a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of these Terms.                                    

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

Governing law: These Terms governed by the laws of New South Wales.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Tourism Trader Pty Ltd t/a Hotel Marketplace ABN 81 641 473 592

Email: info@hotelmarketplace.co

Last update: 10 August 2022

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