Welcome
to Listing Your Property, please read the terms and conditions of
listing, and if you understand and agree to them, please signify by ticking
the check box at the bottom of the page, then clicking the button to go to Stage
1 of a short 3 Stage process
Listing
Terms & Conditions
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Bed and Breakfast Australia
is not a real
estate agent/broker nor does Bed and Breakfast Australia
represent any real estate agent/broker Bed and Breakfast Australia
acts as a marketing and advertising promotional facility and service all
rental/sales transactions are carried out between the customer and property
owner(s) or their agent(s).
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By
using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use").
If you do not agree to these Terms of Use you may not use this site. We
reserve the right, at our discretion, to update or revise these Terms of
Use. Please check the Terms of Use periodically for changes. Your continued
use of this site following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.
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You
agree to abide by these Terms including but not limited to agreeing not to
use this site for any unlawful purpose.
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All
listings must be for businesses or organisations that operate legally within
the jurisdictions and legislations of their relevant governing authorities
and may be subject to verification and approval by Bed and Breakfast Australia
from time to time. Listings that do not meet the requirements of Bed and Breakfast Australia
will be removed without cause and without notice.
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All
rates and prices displayed in a listing must be the operators genuine
standard book rates relevant to any seasonal adjustment.
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All
operators by listing their property hereby agree to Bed and Breakfast Australia
to be a booking facility, with commission of 10% being deducted from the booking
deposit. Bookings made using our secure system will be transmitted directly
to Bed and Breakfast Australia and charged to the customer using the
operators aforementioned standard rack rate.
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By
listing with Bed and Breakfast Australia as a booking facility properties
will be subject to Bed and Breakfast Australia standard commission charges
on and in confirmation to each booking.
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All
bookings received by Bed and Breakfast Australia will be subject to
availability.
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No
refunds will be issued on any fees of Bed and Breakfast Australia.
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Bed and Breakfast Australia
shall be deemed to include its agents and partners as may be from time to
time.
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The
operator shall be deemed to include the registered owner or business
management and its assigns as may be from time to time.
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Operators
unless otherwise instructed shall not contact or conduct business in the
form of bookings directly with customers who may from time to time directly
contact said operators after visiting the Bed and Breakfast Australia
website or other marketing material but direct said customers to make the
customers booking arrangement via Bed and Breakfast Australia.
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Operators
shall respond to Bed and Breakfast Australia in less than 24 hours in
response to any booking enquiry transmitted to the operator by Bed and Breakfast Australia.
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Bed and Breakfast Australia
shall transmit confirmation of bookings within 24 hours of such booking
being confirmed to the operator.
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The
operator shall only charge the customer the balance owing for the booking
and hereby agrees to never increase alter or in anyway change fees on
bookings after such bookings have been confirmed by deposit other than in
such circumstances as may arise from time to time whereby the customer
purchases additional goods and or services during the course of or in
addition to the original booking.
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The
operator hereby indemnifies Bed and Breakfast Australia its staff and or
agents in perpetuity and shall not hold same liable for any error mishap or
other problem that should ever arise at any time in relation to any booking
and hereby acknowledges that Bed and Breakfast Australia is operating in the
capacity of an advertising and marketing service with total aforesaid
indemnity.
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This site may
produce automated search results or otherwise link from time to time to
other sites on the Internet and said sites may contain information or
material that some people may find inappropriate or offensive however it is
further acknowledged said other sites are not under the control of Bed and Breakfast Australia
and you acknowledge that Bed and Breakfast Australia
is not responsible for the accuracy copyright compliance legality decency or
any other aspect of the content of such sites and further that the inclusion
of such a link does not imply endorsement of the site by Bed and Breakfast Australia
or any association with its operators or agents.
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You acknowledge
and agree that all content and materials available on this site are
protected by copyrights trademarks service marks patents trade secrets or
other proprietary rights and laws and furthermore you accept that except as
expressly authorized by Bed and Breakfast Australia
you agree not to sell license rent modify distribute copy reproduce transmit
publicly display publicly perform publish adapt edit or create derivative
works from such materials or content or interfere in any other form or
method with the website or its contents. Notwithstanding the aforementioned
you may print or download one copy of the materials or content on this site
on any single computer for your personal, non-commercial use provided you
keep intact all copyright and other proprietary notices. Systematic
retrieval of data or other content from this site to create or compile
directly or indirectly a collection compilation database or directory
without written permission from Bed and Breakfast Australia
is prohibited and you hereby agree said act is enforceable by law. In
addition use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited.
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By posting or
submitting content to this site you grant Bed and Breakfast Australia
and its affiliates and licensees and agents the right to use reproduce
display perform adapt modify distribute have distributed and promote the
content in any form anywhere and for any purpose and warrant and represent
that you own or otherwise control all of the rights to the content and that
public posting and use of your content by Bed and Breakfast Australia
will not infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. Bed and Breakfast Australia
ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT
YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Bed and Breakfast Australia
ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF Bed and Breakfast Australia
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
Bed and Breakfast Australia'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by Bed and Breakfast Australia,
you agree to defend, indemnify, and hold harmless Bed and Breakfast Australia
and its subsidiaries and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and expenses,
including attorney's fees, that arise from your use or misuse of this site. Bed and Breakfast Australia
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with Bed and Breakfast Australia
in asserting any available defenses.
INTERNATIONAL USE
Bed and Breakfast Australia
makes no representation that materials on this site are appropriate or available
for use in locations outside Australia, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are responsible for
compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of Queensland, excluding its conflicts of law rules. You
expressly agree that the exclusive jurisdiction for any claim or action arising
out of or relating to these Terms of Use or your use of this site shall be filed
only in the state or federal courts located in the State of Queensland, and you
further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
OPTIONS AND OFFERINGS
This site may from time to time offer several Options and Offerings that each
have unique Terms of Use. If at any time there is a conflict or perceived
conflict between those Terms of Use and these the site Terms of Use, Bed and Breakfast Australia
has the right of sole discretion to determine if the Terms of Use of the Option
or Offering will be honoured or deferred to the site Terms of Use. You hereby
agree the decision of Bed and Breakfast Australia
is final.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and Bed and Breakfast Australia
with respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or electronic) between you
and Bed and Breakfast Australia
with respect to this site. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect.
Last
updated 10/October/2003