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| 14. |
Terms of Use for Suppliers |
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By creating a listing and offering accommodation using AusGo.com ("ausgo", "us", "our", "we"), Suppliers ("you") agree to the following terms and conditions, as well as specific terms of trade already notified to you:-
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| 1 |
Definitions |
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1.1 |
Accommodation includes a room or rooms in any premises that is operating as a hotel, motel, bed and breakfast, apartment or other accommodation type.
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1.2 |
Listing means information that describes your accommodation. This includes supplier information, room types, facilities, rates, cancellation policy and other information describing what is offered to the public for the advertised price.
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1.3 |
Guest is a person who uses our site to book accommodation.
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1.4 |
Advertised Rate is the rate displayed to the guest for accommodation.
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1.5 |
Nett Rate is the Advertised Rate minus our commission.
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1.6 |
Our Site is our website which contains the booking facility used by guests to book accommodation.
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1.7 |
Held accommodation is accommodation which you have agreed to reserve exclusively for a guest until the Hold Period expires.
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1.8 |
Hold Period is the amount of time you give the guest to pay for their Held accommodation by credit card. |
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| 2 |
Representations and Warranties |
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2.1 |
You represent and warrant that:
a. You are the owner or are authorized to act on behalf of the owner.
b. You accommodation and listing complies with all laws, statutes, ordinances and regulations.
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2.2 |
We do not guarantee secure or uninterrupted access to our site. |
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| 3 |
Indemnities and Releases |
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3.1 |
You release us from liabilities or loss arising from damage, loss, injury or death to any third party caused or contributed to by your actions or the actions of your agents and servants.
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3.2 |
You release us from liability, loss or injury to you resulting from use of our site, unless this was caused by an act of neglect by us or our agents. |
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| 4 |
Site Content |
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4.1 |
You are solely responsible for your Listing.
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4.2 |
You may not use our site to display or send any unlawful, inappropriate, obscene, threatening, abusive, pornographic or defamatory material, nor material which encourages activity which may lead to criminal behaviour, nor material which breaches intellectual property rights.
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4.3 |
Your listing may not contain any information which provides the guest with an opportunity to contact you via any means other than through our site, including telephone numbers, fax numbers, email addresses or your website url.
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4.4 |
We may remove any material from our site which breaches clause 4 without notice.
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4.5 |
We may change our site at any time without warning you. |
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| 5 |
Bookings and Payments |
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5.1 |
We accept bookings from guests at the advertised price as an independent reseller. We do not act as your agent.
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5.2 |
You agree to provide accommodation to the guest in accordance with the Listing for each booking you receive.
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5.3 |
When the guest checks-in, you must sight a generally accepted form of identification, such as a driver's license, to confirm the identity of the guest.
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5.4 |
You agree to refrain from selling held accommodation to another party until the hold period expires.
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5.5 |
You agree to charge us the Nett Price.
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5.6 |
At the start of each month, you will invoice us for stays where the check-in date fell in the preceding month.
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5.7 |
We shall be liable for this amount provided other clause 5 conditions are adhered to.
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5.8 |
Payment will be deposited in the Bank Account you nominated on our site, or by another agreed method.
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5.9 |
Cancellation instructions authored by you on our site must be precise and will be enforced by us. |
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| 6 |
Auctions |
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6.1 |
You agree to supply a quantity of holiday packages, which comprise of room plus at least one other inclusion, to all bidders who meet your winning bidder criteria, in accordance with the Package Listing.
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6.2 |
Auctions run for one week, commencing at a time consentual to both parties.
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6.3 |
Auction details can not be modified once your auction commences.
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6.4 |
The values you apply for 'Other Inclusions', which are non-room inclusions, must be the actual retail value. If a major discrepancy can be proven, AusGo reserves the right to charge the Auction Fee applicable to the highest bracket in the auction fee table.
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6.5 |
AusGo charges winning bidders your required deposit, and pays you the nett amount after subtracting our auction fee.
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6.6 |
You are solely responsible for the collection of outstanding amounts owed by the winning bidder.
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| 7 |
Information and Intellectual Property Rights |
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7.1 |
You acknowledge we own all title, right and interests to our site and the AusGo brand. All software on our site is subject to copyright. |
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| 8 |
Termination |
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8.1 |
This agreement may be terminated by either party by sending an email to this effect.
On termination, we will deactivate your Supplier login capability and remove the Listing from our site.
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8.2 |
You acknowledge that:
8.2.1 You have no claim for compensation or otherwise from us if the agreement is terminated under clause 7, unless the claim relates to clause 6.
8.2.2 You will honour all paid bookings up to and including the date of termination, which are to be provided after the termination date.
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| 9 |
Applicable Law |
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9.1 |
The law in force in the state of South Australia, Australia, applies to this agreement.
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