Website Terms of Use
About this Website
These Terms of Use apply to the Website owned and operated by Burst Pty Ltd (ABN 94 500 171 947) (The Brookvale Hotel) under the domain name brookvalehotel.com.au (the Website).
Your use of the information, graphics, text, software and materials (Content) on the Website is governed by these Terms of Use and our Privacy Policy.
If you are a member (Member) of the Website and have access to Content that is not generally available to the public (Restricted Content), your use of Restricted Content is also governed by these Terms of Use and our Privacy Policy.
By using any of the Website you agree to be bound by these Terms of Use.
In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of the Website, parts of the Website, or to the supply of products and services offered via the Website. By using these parts of the Website or obtaining products or services via the Website, you also agree to be bound by these additional terms.
Links to other Websites
The Website may contain links to third party Websites. The Brookvale Hotel does not sponsor or endorse the operators or content of any linked Website. Subject to any applicable law which cannot be excluded, The Brookvale Hotel makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked Website, material or products or services.
Information available at the Website
The Website provides general information about The Brookvale Hotel and The Brookvale Hotel’s various products, services and activities.
In addition, the Website may contain or make available various message services, email lists, mail out or newsletter services, or other tools and facilities which may be of use to you. Whilst The Brookvale Hotel has made every effort to ensure that any such features are accurate and free from defect, The Brookvale Hotel does not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.
Images used on this site are for illustration purposes only and act as a guide. Images of products may vary from computer to computer based on monitor size and quality, screen resolution, or computer settings. Images on this site, including all product images shall not be taken to imply ‘actual size’ in any manner. All images are copyright of their respective owners.
We are constantly updating the quality of our products. The actual item may differ slightly from images depicted on this website with improved components at our cost. If you do not understand this, or have any further questions, please contact us by phone or email.
Access to the Website
Unrestricted Access to the Website
Certain parts of the Website are generally available to all.
Restricted Access to the Website
Some parts of the Website and Restricted Content are only available to Members.
If you are a Member, you will be provided with a username (Username) and password (Password) by us to access the Restricted Content that is available to Members on the Website from time to time
Specific Terms Relating to Members
If you are a Member, you may access the Restricted Content available to Members but may only disclose your Username and Password and any Restricted Content to people within your organisation.
You must ensure that persons within your organisation to whom you disclose your Username and Password are informed of, and comply with, these Terms of Use.
Your Content
The Website may provide facilities whereby you can provide your information, content, comments or opinions to the Website (Your Content). These facilities may include Wikis and the ability to post comments about blog posts. Your Content will be available to other users of the Website. The Brookvale Hotel accepts no responsibility for third party use of Your Content.
Your Content must not be illegal, misleading or deceptive, offensive, discriminatory, defamatory, pornographic or of any other category determined to be inappropriate by The Brookvale Hotel. You must own all intellectual property rights in and be permitted to upload to the Website Your Content. You must ensure that Your Content is accurate, complete and up-to-date. Whilst under no obligation to do so, The Brookvale Hotel retains the right to review, edit, or remove from the Website any of Your Content, in whole or in part, at any time and without notice to you.
By uploading Your Content to the Website, you grant The Brookvale Hotel a perpetual, non-exclusive, worldwide, irrevocable, royalty-free, license to use, republish and modify Your Content, including the right to sub-licence Your Content, in connection with the services or activities of The Brookvale Hotel , including but not limited to use in any newsletters or publications of The Brookvale Hotel.
Availability of the Website
As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis.
Warranties
While we have made every effort to ensure that the Content and Restricted Content is free from error, The Brookvale Hotel does not guarantee or warrant the accuracy, adequacy or completeness of Content or Restricted Content on the Website. All Content and Restricted Content is provided on an “as is” basis and without guarantees or warranties of any kind either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content and Restricted Content is subject to change without notice. The Brookvale Hotel does not warrant that the Website or any linked Website will be free from viruses or defects.
Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, The Brookvale Hotel, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content or Restricted Content on the Website, to any material on linked Website, or to access or use of the Website by you, howsoever caused.
The liability of The Brookvale Hotel for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at The Brookvale Hotel option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.
Indemnity
You indemnify The Brookvale Hotel in respect of any liability incurred by The Brookvale Hotel for any loss or damage, howsoever caused, suffered by The Brookvale Hotel as a result of your breach of these Website Terms of Use, your use of the Website, or Your Content being posted on the Website or The Brookvale Hotel or any third party’s use of or reliance on Your Content.
Copyright and Trade Marks
Copyright in the Content and Restricted Content on the Website is owned or licensed by The Brookvale Hotel, unless indicated otherwise.
Except where necessary for viewing the Content and Restricted Content on the Website or your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these Terms of Use, no Content or Restricted Content on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of The Brookvale Hotel .
“The Brookvale Hotel ” and all associated trademarks are trademarks of The Brookvale Hotel, Third party trademarks are trademarks of the respective third parties.
Acceptance and Changes to these Terms of Use
You acknowledge and accept that your use of the Website indicates your acceptance of these Terms of Use. The Brookvale Hotel may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, The Brookvale Hotel has provided you with sufficient notice of the variation.
The law applicable to the Website and to disputes arising out of the Website is the law of the State of New South Wales, Australia.
