This legal notice applies to the entire contents of this Website under the domain name https://ehotelier.com (“Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Exceed Global Learning Pty Limited with its registered office address PO Box 77 Frenchs Forest NSW 1640 Australia, (“ehotelier.com”).
INFORMATION ABOUT US
The Website is a website operated by ehotelier.com. We are registered in Australia under ABN 27 635 041 011, with our trading address at PO Box 77 Frenchs Forest NSW 1640 Australia.
1. ACCESSING OUR WEBSITE
1.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website.
1.3. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and that they comply with them.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.2. You may print off one copy and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
2.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
2.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
2.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3. VISITOR MATERIAL AND CONDUCT
3.1. Other than personally identifiable information, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. ehotelier.com will have no obligations with respect to such material. ehotelier.com and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
3.2. You are prohibited from posting, uploading or transmitting to or from this Website any material that:
3.2.1. breaches any applicable local, national or international law;
3.2.2. is unlawful or fraudulent;
3.2.3. amounts to unauthorised advertising; or
3.2.4. contains viruses or any other harmful programs.
3.3. You may not misuse the Website (including by hacking – see clause 5 below) and you shall indemnify and hold ehotelier.com harmless from any and all claims, liabilities, losses, damages, costs and expenses, arising out of or in connection with you misusing the Website.
3.4. Any comments or feedback that you submit through the Website must not:
3.4.1. contain any defamatory, obscene or offensive material;
3.4.2. promote violence or discrimination;
3.4.3. infringe the intellectual property rights of another person;
3.4.4. breach any legal duty owed to a third party (such as a duty of confidence);
3.4.5. promote illegal activity or invade another’s privacy;
3.4.6. give the impression that they originate from us; or
3.4.7. be used to impersonate another person or to misrepresent your affiliation with another person.
3.5. ehotelier.com will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clauses 3.2 and 3.4.
4. VIRUSES, HACKING AND OTHER OFFENCES
4.1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
4.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
5. LINKS TO AND FROM OTHER WEBSITES
5.1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. ehotelier.com has not reviewed all of these third-party websites and does not control (and is not responsible for these websites or their content or availability). ehotelier.com does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
5.2. You may link to this Website homepage, provided that you do so in a fair and legal way that does not damage ehotelier.com’s reputation or take advantage of it.
5.3. You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by ehotelier.com where none exists.
5.5. ehotelier.com has the right to withdraw the linking permission at any time.
6.1. While ehotelier.com tries to ensure that information on this Website is correct, we do not guarantee or represent it is accurate, up to date or complete. ehotelier.com may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and ehotelier.com makes no commitment to update that material.
7. OUR LIABILITY
7.1. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the maximum extent permitted by law, we hereby expressly exclude:
7.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
7.1.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
184.108.40.206. loss of income or revenue;
220.127.116.11. loss of business;
18.104.22.168. loss of profits or contracts;
22.214.171.124. loss of anticipated savings;
126.96.36.199. loss of data;
188.8.131.52. loss of goodwill; and
184.108.40.206. wasted management or office time
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. Clauses 7.1 and 7.2 do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
8.1. ehotelier.com may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
8.1.1. ehotelier.com believes you have posted material in breach of clauses 3.2, 3.4 (Visitor Material and Conduct) or 4.1 (Viruses, Hacking and Other Offences);
8.1.2. ehotelier.com believes that you have breached paragraphs 5.2, 5.3 and 5.4 (Links to and from other websites); or
8.1.4. Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
9. TRADEMARKS AND LOGOS
eHotelier is a registered business name owned by ehotelier.com. The restrictions set out in clause 2 (Intellectual Property Rights) apply to your use of this business name.
11. ADDITIONAL TERMS
“Data Protection Laws” means all data protection, privacy or similar laws and regulations anywhere in the world applicable to the processing of personal data, including without limitation the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
12. JURISDICTION AND APPLICABLE LAW