These terms (“these terms”) apply to the use of this website, including the use of this website as a medical and / or health retail, consulting or treatment rooms listing and booking service and use of the information services offered on this website. Please read these terms carefully. In using this website, you agree to be bound by these terms. If you do not accept these terms, you must refrain from using the website. These terms must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these terms, the expressions "we", "us" and "our" are a reference to BE YOUR OWN HEALTH SERVICES PTY. LTD. (ACN 607 022 999) (ABN 596 070 229 99) TRADING AS “MEDICROOMS” (“MedicRooms”). In these terms, the expressions "you" and “your” are a reference to Licensors and Licensees who accept these terms.
We reserve the right to amend these terms from time to time. Amendments will be effective immediately upon MedicRoom’s notification to you by email to your registered email address as referred to in clause 2.6 of these terms. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
2.1 In order to be able to access the Booking Services (if you are a Licensor) and the information offered on this website, you must become a member. To become a member, you must accept these terms and complete your registration details in the manner described on the website (“member”).
2.2 We reserve the right to terminate your membership at any time:
22.214.171.124 you breach these terms:
126.96.36.199 if we believe, acting reasonably, that there has been a breach of clause 7.1.6 by the Licensor or any officer, employee or agent of the Proprietor;
188.8.131.52 you being a corporation comes under external administration under the Corporations Act 2001 (Cth); and / or
184.108.40.206 other insolvency of you.
2.3 Termination of this Agreement is without prejudice to any other antecedent right or remedy of us.
2.4 In the event that you unlawfully repudiate these terms and we accept such repudiation, we are entitled to recover from you damages for the loss suffered by reason of the termination of these terms.
2.5 Any termination of these terms as between the Licensor (or an assignee) and us in respect of a part of the Premises does not affect the status or currency or enforceability of these terms as between the Licensor (or an assignee) and us in respect of the remaining parts of the Premises.
2.6 You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
2.7 Upon registration, you will be provided with a password and account designation. You agree to pay for our services in the manner specified on the website.
2.8 You must be 18 years old or over in order to become a members. If you are under 18 years of age, you must not apply to become a member.
All information provided by us pursuant to these terms (including about the Booking Services and any other information contained on or accessed through this website) is provided in good faith (“information”). You accept that any information provided by us is general information and, to the extent permitted by law, is not in the nature of advice, warranties, representations or recommendations. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you by us. You agree to use the information for lawful purposes only.
4.1 MedicRooms operates an online platform which enables the connection of land owner members (“Licensors”) who own medical and health consulting and treatment premises looking to licence those premises for use, with licensee members who are looking to book those premises for such use (“Licensees”) (collectively, the “Booking Services“).
5.2 The Booking Services are provided by MedicRooms through www.medicrooms.com, any other websites which MedicRooms use to make the Booking Services available and as applications for devices, tablets, mobiles, smart devices and other application program interfaces (collectively, “this website”).
5.3 “Premises” in these terms means medical and health consulting, treatment and / or retail rooms owned by a Licensor and as approved for listing on the website by us in writing from time to time.
5.4 We are in the business of providing the Booking Services which, for Licensors, specifically includes the following with respect to Premises:
220.127.116.11 receive and process Licensor listing requests for Premises via the website and consider whether to approve these requests and list the Premises on the website;
18.104.22.168 receive and process Licensee booking requests via the website and send to the Licensor for consideration as to whether the booking request is accepted by the Licensor or not;
22.214.171.124 facilitate acceptance by Licensees of a License Agreement;
126.96.36.199 meet and greet prospective Licensees at the telephone and by email correspondence, as reasonably required and as determined by MedicRooms;
188.8.131.52 provide reasonable support to the Licensor regarding the Premises, as determined by MedicRooms;
184.108.40.206 establish a database of appropriate services likely to benefit Licensees and Licensors, and refer Licensees and Licensors to these as appropriate;
220.127.116.11 provide, maintain and update the website to list the Premises for license to prospective Licensees;
18.104.22.168 arrange and carry out advertising and promotion of MedicRooms’ business in appropriate publications and presentations, as determined by MedicRooms; and
22.214.171.124 do such other things as agreed between the parties as is desirable to promote the Premises for license to prospective Licensees;
and specifically exclude the following services:
126.96.36.199 arrangements for replacement of lost items of furniture and equipment;
188.8.131.52 notice to vacant and assistance with any eviction or vacation of a Licensee;
184.108.40.206 cleaning of the Premises;
220.127.116.11 sexual service related practices; and
18.104.22.168 unlicensed and / or unpermitted medical or health related practices.
6.2 “Term” in these terms means the term of your agreement with MedicRooms as governed by these terms which commencements on the date that you accept these terms and terminates upon the date which you cease to be a member.
6.3 The Licensor appoints MedicRooms to be the exclusive provider of Booking Services for the Premises in consideration of payment of the Fees during the Term and otherwise on the mutual promises made in these terms. The Licensor must not engage any other party to provide any of Booking Services to the Licensor for the Premises during the Term.
6.4 The Licensee appoints MedicRooms to be the provider of Booking Services for the Premises during the Term in consideration of the mutual promises made in these terms.
6.5 MedicRooms accepts the appointments in clauses 5.2 and 5.3 of these terms and agrees to provide Booking Services to you.
6.6 You agree that:
5.5.1 you will give all appropriate powers and authorisation;
5.5.2 you will supply all information and documentation;
5.5.3 you will permit access to all parts of the Premises;
to us as are necessary to enable us to provide the Booking Services and to perform our duties and obligations under these terms.
6.1 We must provide Booking Services and perform our obligations:
6.1.1 in a competent, ethical and professional manner;
6.1.2 in compliance with the requirements of any applicable legislation or lawful authority;
6.1.3 in accordance with these terms.
6.2 In providing Booking Services, we must:
6.2.1 maintain all necessary statutory licences and registrations;
6.2.2 employ appropriately skilled, trained and competent personnel;
6.2.3 not enter into any contract or assume any liability on your behalf which is outside the scope of the authority given by these terms.
6.3 We have the following powers and discretions in the provision of the Booking Services pursuant to these terms:
6.3.1 the right to determine the style and method and content of marketing and promotional material and activities; and
6.3.2 the authority to engage staff and contractors and professional advisers where reasonably necessary to carry out our business, obligations and duties.
7.1 The Licensor:
7.1.1 must not lease the Premises to any party during the Term;
7.1.2 must not continue or commence any commercial relationship with any person or entity introduced to the Licensor by us, or any Licensee related directly or indirectly to the Premises beyond the Term of this Agreement including, but not limited to, any agreement between a Licensee (or any related party of the Licensee) and the Licensor (or any related party of the Licensor) regarding any lease, license, hire or other occupation of the Premises by any party (“MedicRooms Relationship”). In circumstances where the Licensor breaches this term, we are entitled to liquidated damages upon demand in the amount of 35% of all revenue derived by the Licensor as a result of any MedicRooms Relationship. You agree that these liquidated damages are a genuine pre-estimate of our loss in these circumstances and go no further than compensating us in this regard;
7.1.3 must ensure that during the Term the Premises remain to the standard and in the condition as represented to us subject to fair wear and tear and be clean and tidy on the first date of occupation of the Premises by any Licensee;
7.1.4 and the Licensee must ensure that during the Term the Premises are only used for the Permitted Use;
7.1.5 in licensing the Premises to any party introduced to the Licensor by MedicRooms, must ensure that the Licensee has accepted and is bound by an agreement in the form located at https://medicrooms.com/rooms/contracts/license (“License Agreement”) before the Licensee occupies the Premises;
7.1.6 must act in a manner consistent with reasonable professional and commercial standards and so as to preserve our reputation and goodwill;
7.1.7 and the Licensee must maintain all necessary statutory licences, permits and registrations relating to these terms and the Premises including, but not limited to, those relating to the Permitted Use. You must understand how the laws applicable to you and the Premises work. Planning or zoning laws applicable to the Premises may restrict use and your ability to license the Premises. You may need to obtain a premit or licence from your local authority before engaging the Booking Services or it may be that engaging the Booking Services is prohibited entirely for the Premises. We do not accept any liablity with respect to these matters and they are entirely your responsibility to ensure you and the Premises are compliant with before engaging the Booking Services; and
7.1.8 must maintain appropriate books and records of income and expenditure regarding any license of the Premises pursuant to a License Agreement, and maintain records of historical and current licenses, permits and condition reports for the Premises.
7.2 The Licensor has sole responsibility for and must:
7.2.1 carry out periodic inspections of the Premises;
7.2.2 check and inspect inventories of fixtures, fittings, appliances and equipment at the Premises;
7.2.3 co-ordinate and arrange repairs and maintenance of the Premises; and
7.2.4 pay outgoings affecting the Premises;
7.2.5 for the Term and for 6 years thereafter, the Licensor must effect and maintain, at the Licensor’s expense:
22.214.171.124 public liability insurance, for at least $20,000,000 per claim, covering the Licensor for all claims and for all costs, liability and expenses incurred by the Licensor, arising from the acts or omissions of the Licensor or its employees, agents or sub-contractors; and
126.96.36.199 any other insurances required by law.
7.3 “Permitted Use” in these terms means room(s) for medical and / or health retail (for example, pharmacy), consulting or treatment.
7.4 “Related Party” in these terms means an “associate” or “related body corporate” as those terms are defined in the Corporations Act 2001 (Cth).
8.1.1 Unless expressly stipulated in these terms or unless you are otherwise notified on this website prior to your becoming a member, we do not charge fees to the Licensee for being a member.
8.1.2 If you are a Licensee and you wish to use the Booking Services, you agree to enter into an agreement with the Licensor of the subject Premises in this form and on any other terms listed in your booking request for the subject Premises submitted via this website (“License Agreement”). Please note that the Licensor will charge you fees by virtue of the License Agreement which will be collected from the Licensee by us via the website at the time that a Licensee uses the Booking Services to book use of a Premises.
8.1.3 You agree to comply with any other rules and policies set out on this website.
8.1.4 You acknowledge that this website is not made available for listing any goods or Premises which are illegal or illicit or are used to operate for illegal or illicit purposes or sales that are prohibited by applicable laws. You agree to indemnify us against any liability which we may incur to a third party arising out of the booking or listing of Premises or services or your use of the Premises in connection with this website.
8.1.5 You indemnify and must keep us (including our officers, employees, agents and contractors) indemnified against any and all actions, suits, causes and rights of action, damages, claims for rectification, demands, entitlements, liabilities, rights to indemnity or contribution, compensation, costs and expenses, claims for interest, arbitration, orders, verdicts and judgments, and any other rights of every description whatsoever or howsoever arising whether now or in the future (“Claims”) incurred directly or indirectly by us (including officers, employees, agents and contractors) due to any breach of these terms, a Licence Agreement or any other wilful, reckless or neglient act or omission of you, your officers, employees, agents and / or contractors in the use of the Booking Services or your use of the Premises in connection with this website.
8.2.1 If you are a Licensor, we will charge you and you agree to pay the following fees (“Fees”):
188.8.131.52 an initial start-up fee per room in the Premises to be paid upon your acceptance of these terms;
184.108.40.206 a success fee per room in the Premises liable to be paid to us on the day upon a Licensee booking using the Premises as booked this website; and
8.2.2 Save and except for the Fees as referred to in clauses 220.127.116.11 and 18.104.22.168 of these terms, we will render and provide a tax invoice to the Licensor at the end of each calendar month (“Payment Date”) for the Fees applicable to the previous monthly period of the Term.
8.2.3 Within 7 days after the Payment Date, the Licensor must pay us or, by accepting these terms, the Licensor authorises us to deduct from monies held in trust on your behalf, the amount as invoiced. In the absence of manifest error, any tax invoices from us rendered to the Licensor pursuant to these terms are conclusive evidence of the amounts due and payable to us.
8.2.4 If the Licensor fails to pay any amounts pursuant to these terms as and when they fall due, we are entitled to charge interest on these amounts at the rate of 10% per annum from the date upon which these amounts were due to the date upon which they are paid in full. We are also entitled to add to any amounts owing, all costs which we incur in recovery or attempted recovery of the said amounts owing.
8.2.5 It is your responsibility to and your must comply with our listing guidelines and any other rules and policies set out on this website. You accept full responsibility for incorrect or inaccurate listing or for inappropriate listing categorisation.
8.2.6 You acknowledge that this website is not made available for listing any goods or Premises which are illegal or illicit or are used to operate for illegal or illicit purposes or sales that are prohibited by applicable laws. You agree to indemnify us against any liability which we may incur to a third party arising out of the booking or listing of Premises or services or your use of the Premises in connection with this website
8.2.7 You accept responsibility for the delivery of the Premises booked via this website to the Licensee.
8.2.8 You indemnify and must keep us (including our officers, employees, agents and contractors) indemnified against any and all Claims incurred directly or indirectly by us (including officers, employees, agents and contractors) due to any breach of these terms, a Licence Agreement or any other wilful, reckless or neglient act or omission of you, your officers, employees, agents and / or contractors in the use of the Booking Services or your use of the Premises in connection with this website.
9.1 You are invited to post feedback regarding the outcome of your dealings with us, Licensees or Licensors as the case may be. We, Licensees and Licensors who are the subject of feedback will be given a right of reply.
9.2 We accept no responsibility for the content of the feedback and we will not attempt to edit it. You agree to indemnify us against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising directly or indirectly from the publication or content of the feedback.
9.3 We reserve the right to remove any feedback together with any replies to the subject feedback from this website at our absolute and sole discretion.
10.1 Nothing in these terms excludes, restricts or modifies any condition, warranty, right or liability implied in these terms or protected by law to the extent that such exclusion, restriction or modification would render these terms or any provision of these terms void, illegal or unenforceable. Subject to that:
10.1.1 we do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information;
10.1.2 any condition, warranty, right or liability which would otherwise be implied in these terms or protected by law is excluded; and
10.1.3 we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly from the Booking Services nor in respect of any other goods or services supplied pursuant to or in any way connected with this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms.
10.2 You acknowledge that:
10.2.1 prior to entering into these terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Booking Services and any other goods and services which are the subject of these terms and that prior to entering into these terms you have availed yourself of that opportunity; and
10.2.2 at no time prior to entering into these terms have you relied on our skill or judgment and that it would be unreasonable for you to do so.
10.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to these terms (by virtue of any law relevant to these terms) is excluded.
10.4 Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
10.4.1 this sub-clause applies in respect of any of the goods or services supplied under these terms which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this sub-clause will not apply if you establish that reliance on it would not be fair and reasonable;
10.4.2 liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by ss 51–53 of that Law, is limited:
10.4.2.1 in the case of goods, to any one of the following as determined by us:
10.4.2.1.1 the replacement of the goods or the supply of equivalent goods; or
10.4.2.1.2 the repair of the goods; or
10.4.2.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
10.4.2.1.4 the payment of the cost of having the goods repaired;
10.4.2.2 in the case of services, to any one of the following as determined by us:
10.4.2.2.1 the supplying of services again; or
10.4.2.2.2 the payment of the cost of having services supplied again.
11.1 In the event that the Licensor is no longer the registered owner of the Premises or any part of the Premises, the Licensor must ensure that all of the Licensor’s rights and obligations under these terms are assigned to and these terms are accepted by the new registered owner (i.e. the new Licensor) effective on and from the date that the new Licensor becomes the said registered owner. The Licensor cannot otherwise assign any right or obligation of the Licensor under these terms without our prior written consent.
11.2 The Licensee cannot assign any right or obligation of the Licensee under these terms without our prior written consent
12.1 Us, on the one hand, and each of you, on the other, acknowledge that in the performance of the duties and obligations and in the exercise of the powers under these terms, each of you and us may have access to the other's Confidential Information. Each of you and us agree that it will not, either during the Term or within 6 years after the end of the Term, unless required or by law or by the provisions of these terms, disclose any Confidential Information to a third party and will take all reasonable steps necessary to prevent the disclosure of any Confidential Information to a third party. Each party is responsible for the acts and omissions of its employees and agents for the purposes of compliance with this clause.
12.2 “Confidential Information” means any information belonging to a party (either of you on the one hand and us on the other) which is not in the public domain and which is confidential or commercially sensitive information including regarding a party’s business and that party treats it as such.
13.1 You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
13.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
13.3 Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
13.4 We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on the any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
13.5 You acknowledge that we are a distributor, not a publisher, of content on this website. Our editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
13.6 Where the information made available over this service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
13.7 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
13.8 We are not responsible in the event a booking request or listing request for the website is not processed due to technical difficulties affecting our system.
13.9 We do not undertake to retain listings or to retain records of specific transactions, listings or bookings which occur via the website.
13.10 You acknowledge that a failure to comply with these terms entitles us to terminate your member status. We may determine at our discretion whether such a failure has occurred.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms, you may not in any form or by any means:
14.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
14.2 commercialise any information, products or services obtained from any part of this website;
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
15.1 Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
15.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
15.2.1 in or as the whole or part of your own trade marks;
15.2.2 in connection with activities, products or services which are not ours;
15.2.3 in a manner which may be confusing, misleading or deceptive;
15.2.4 in a manner that disparages us or our information, products or services (including this website).
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
17.1 In this website
17.1.1 This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
17.1.2 We are not responsible for the content or privacy practices associated with linked websites.
17.1.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
17.2 To this website
17.2.1 Except on the terms of any content or subscription access agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via this website ("materials") and neither you nor any person permitted by you or subject to your directions or control who may be able to access any materials ("controlled persons") shall exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
22.214.171.124 ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
126.96.36.199 ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
188.8.131.52 ensuring that anyone by whom your and their links to the materials may be used or disclosed are the same as those who may access the materials directly from this website;
184.108.40.206 ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from this website rather than via their links; and
220.127.116.11 being otherwise subject to our directions, including any take down, cease or desist directions.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this website.
Access to this website and your membership may be terminated at any time by us without notice. Our disclaimer, the Licensor’s obligations, your indemnities and confidential information provisions of these terms will nevertheless survive any such termination.
These terms and any License Agreement are governed by the laws in force in the State of Victoria in Australia. You agree to submit to the exclusive jurisdiction of the courts of the State of Victoria in Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and any License Agreement.
21.1 If any dispute arises in connection with these terms or a License Agreement and the parties to the dispute are unable to resolve the dispute within 14 days of it first arising by way of consultation between the disputing parties, they must in good faith and endeavour to resolve the dispute expeditiously using dispute resolution techniques in the following sequential order:
21.1.1 firstly, any disputing party may give notice to the other disputing parties of the dispute and the disputing parties must confer at least once in an attempt to resolve the dispute within 14 days of that notice;
21.1.2 secondly, if the dispute is not resolved within 14 days of any disputing party providing a notice pursuant to clause 21.1.1 of this Agreement, any disputing party may give notice to the other disputing parties of their intention to refer the dispute to the Office of the Victorian Small Business Commissioner (“OVSBC”) for mediation or referral by the OVSBC to an appropriate mediation service and must do so within 2 business days of that notice; and
21.1.3 thirdly, if the dispute is not resolved within 30 days of being referred to the OVSBC, any disputing party may commence Court proceedings with respect to determination of the dispute.
21.2 The mediation will be conducted in accordance with the procedures determined by the mediator.
21.3 The disputing parties must bear their own costs of dealing with any dispute and the costs of any other expert or mediator will be borne equally by the disputing parties.
21.4 Nothing contained in this clause 21 will deny any party the right to seek injunctive relief from an appropriate court where failure to obtain such relief would cause irreparable damage to the party concerned. Furthermore, the dispute resolution procedures in this clause 21 do not apply to impair, delay or otherwise prejudice the exercise by a party of its rights provided in this Agreement including, without limitation, any right of termination.
22.1 We accept no liability for any failure to comply with these terms where such failure is due to circumstances beyond our reasonable control.
22.2 If we waive any rights available to us under these terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
22.3 If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
22.4 Save for any License Agreement, these terms form the entire agreement between us on the one hand and each of you on the other on the subject matter. The only enforceable obligations and liabilities are those that arise out of the provisions contained in these terms. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by these terms.
22.5 These terms may be accepted in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
22.6 To the extent that there is any conflict or inconsistency between these terms and a License Agreement these terms will prevail.
23.1 We may collect website visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:
23.1.1 to send news, information about our activities and general promotional material which we believe may be useful to you;
23.1.2 to monitor who is accessing the website or using services offered on the website; and
23.1.3 to profile the type of people accessing the website.
23.2 If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.
23.3 We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
23.4 We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
23.5 If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
23.5.1 we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
23.5.2 we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
23.5.3 we are required by law to disclose the information.
23.6 We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
23.7 Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
23.8 Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
23.9 All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
23.10 We consider it is the responsibility of parents to monitor their children's use of our website. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.
23.11 You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.
23.13 You agree to be bound by the Australian Privacy Principles in your use of the Booking Services, this website and the information.
Subject to the terms of any License Agreement to which you are a party, you must bear and are responsible for your own costs in connection with the preparation, execution, completion and carrying into effect of these terms and any License Agreement.
25.1 A notice, consent, approval or other communication (each a notice) under these terms or any License Agreement must be signed by or on behalf of the party giving it, addressed to the party to whom it is to be given and:
25.1.1 delivered to that party's address;
25.1.2 sent by pre-paid mail to that party's address; or
25.1.3 emailed to the party’s nominated email address in this Agreement.
25.2 A notice given to a party in accordance with this clause is treated as having been given and received:
25.2.1 if delivered to a party's address, on the day of delivery if a business day, otherwise on the next business day;
25.2.2 if sent by pre-paid mail, on the second business day after posting; or
25.2.3 if transmitted by email to a party's email address and an unable to be sent or failed to be sent email is not received, on the day of transmission if a business day, otherwise on the next business day.
25.3 For the purposes of this clause the address of a party is the address set out below or another address of which that party may from time to time give notice to each other party:
Address: GPO BOX 4207, MELBOURNE, 3001 in the state of Victoria
Phone Number: +61 1300 799 438
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