Online Terms and Conditions

1. ACCEPTANCE

1.1.1 These Terms constitute an agreement between Wyndham Holi ABN 20 519 318 449, its successors, and assignees (referred to as "we" or "our") and you, the individual, organization, or entity purchasing Services from us (referred to as "you" or "your"), collectively referred to as the Parties. These Terms govern all sales made by us to you.

2. You accept these Terms by:

  • Agreeing to them online

  • Confirming via email that you accept the Terms;

  • Making partial or full payment for the Services.

1.4 By agreeing to these Terms, you acknowledge that they constitute the agreement under which we will provide Services to you. It is essential to read and understand these Terms. If you have any questions, please contact us using the details provided at the end of this document. Your continued engagement with us signifies that you have had many opportunities to review these Terms, contact us, if necessary, read, accepted, and will abide by these Terms. Additionally, you affirm that you are 18 years of age or older or have obtained consent from a legal guardian who is 18 years of age or older. If you do not agree to these Terms, please refrain from using or purchasing our Services.

2. SERVICES

1. Access to certain Services may necessitate account registration. It is your responsibility to maintain the confidentiality of your account details, including usernames and passwords. You are accountable for all activities conducted through your account, including any purchases made using your account information.

2. We commit to hosting the Services with due diligence and expertise.

3. We reserve the right to decline any request that we deem inappropriate, unreasonable, or unlawful.

4. The provision of Services may involve our employees, contractors, and third-party providers, all of whom are bound by these Terms.

5. We are not liable for products or services provided by third parties.

3. FEE, INVOICING, AND PAYMENT

1. You agree to pay the amounts specified on our Site in Australian dollars, inclusive of Australian GST where applicable. Payment methods may include credit card, PayPal, or other methods as listed on the Site.

2. Failure to make payment by the due date will result in your inability to attend the relevant Event.

4. YOUR OBLIGATIONS AND WARRANTIES

You warrant that:

  • There are no legal impediments preventing you from agreeing to these Terms.

  • You will cooperate with us and provide necessary information to enable us to perform the Services as requested.

  • Information provided by you is accurate, truthful, and complete.

  • You will promptly communicate any concerns regarding our Services.

  • You will obtain any necessary consents, licenses, or permissions from third parties for the provision of Services.

  • You consent to the use of your name and image in relation to the Services.

5. Feedback and Dispute Resolution

1. We value your feedback and aim to address your concerns promptly and effectively.

2. Please contact us with any questions or feedback regarding the Services.

6. TERMINATION

1. Either party reserves the right to terminate these Terms in the event of a material breach, subject to following the dispute resolution procedure.

2. We hold the discretion to immediately terminate these Terms if:

  • You breach any of these Terms.

  • We deem a request for the Service to be inappropriate, improper, or unlawful.

  • You fail to provide clear or timely instructions for us to deliver the Services.

  • We perceive a breakdown in our relationship, including a loss of confidence and trust.

  • Your actions suggest they will tarnish our reputation or that of our Site.

  • Incorrect payment details or other erroneous information are provided by you.

  • Circumstances beyond our control compromise our ability to deliver the Services within the specified timeframe.

The termination of these Terms does not affect the accrued rights, obligations, and remedies of the parties involved.

7. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

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

2. We guarantee that the Services we supply to you are rendered with due care and skill, fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.

3. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

4. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out on the Site where it is affected by your delay in response, or supply of incomplete or incorrect information.

5. Warranties: Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

6. Availability: To the extent permitted by law, we exclude all liability for: The Services being unavailable; and any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services, or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage. Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Services, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Our total liability to you for all damages in connection with the Services will not exceed the price paid by you for the Ticket.

This clause will survive termination of these Terms.

8. INDEMNITY

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: any information that is not accurate, up to date or complete or is misleading or a misrepresentation; your breach of these Terms; any misuse of the Services or the Site by you, your employees, contractors or agents; and your breach of any law or third party rights. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

This clause will survive termination of these Terms.

10. GENERAL

Privacy : We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 and any other applicable legislation or privacy guidelines.

Publicity : You consent to us using any image of you we capture at an Event, including but not limited to on our Site and in our promotional material.

Email : You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

GST : If and when applicable, GST payable on the Ticket Price for the Services will be set out on our Invoices. You agree to pay the GST amount at the same time as you pay the Ticket Price.

Assignment: The Ticket is personal to the Parties. A Party may request a transfer of its Ticket.

Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

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.

Notice: Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to you at the address in your account or provided at the time you order our Services. Our address is set out at the end of these Terms. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.

DEFINITIONS

Business Day : means a day which is not a Saturday, Sunday or bank or public holiday in Victoria, Australia.

Claim/Claims: includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.

Events: means the Wyndham Holi events and fund-raising business described on our Site.

GST: means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 as amended from time to time or any replacement or other relevant legislation and regulations.

Services: means the hosting of the Events and fundraising.

Site: means our website at www.wyndhamholi.com.au

Terms: means these terms and conditions.

Ticket: means the ticket your purchase to our Event for the Ticket Price.

Ticket Price: are our fees for the Services.

Contact details:

Wyndham Holi ABN 20 519 318 449
20 Rainbow way, tarneit, Vic 3029

Email: [email protected]

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