Terms and Conditions of Use for Visitors

© Occupancy Pty Ltd 2003-2010

Definitions

You, your, or enquirer means any person or entity visiting, accessing or otherwise using the TakeABreak websites.

We, us, TakeABreak.com.au, or TakeABreak refers to Occupancy Pty Ltd who operate the TakeAbreak websites and our officers and employees.

TakeABreak websites refers to www.takeabreak.com.au, www.takeabreak.com, www.takeabreak.travel, www.holidayinspirations.com.au, and www.takeabreakaway.com.au

Operator, accommodation operator or property means the owners, management or staff of accommodation listed on TakeABreak.com.au.

Copyright

The information contained within the TakeABreak websites is copyright. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use or use within your organisation. Apart from any use as permitted under the Copyright Act 1968 all other rights are reserved. Requests for further authorisation should be directed to:

Take A Break
PO Box 7417
FISHER ACT 2611

Australia
by email to support at takeabreak.com.au (replace 'at' with '@').

Third Party Copyright

The TakeABreak websites contain material that is copyright by other people or organisations. It is used with permission. If you find material on TakeABreak websites that should otherwise NOT be available because of copyright restrictions, then we'd like you to contact us immediately by email to support at takeabreak.com.au (replace 'at' with '@'). The above copyright information applies. For further authorisation, contact the body that has listed the information on TakeABreak websites.

Visitor Code of Conduct

These terms and conditions include our visitor Code of Conduct which can be viewed at http://www.takeabreak.com.au/VisitorCodeofConduct.htm.

Content

The material on TakeABreak websites provides general information only and does not constitute advice. While it is intended that TakeABreak websites will be regularly updated, Occupancy Pty Ltd does not give any warranty as to the accuracy, reliability or completeness of the information provided.

The material on TakeABreak websites is largely provided by outside parties and is included in good faith. Occupancy Pty Ltd makes no warranty or representation as to the reliability, accuracy or completeness of the information contained on TakeABreak websites. Occupancy Pty Ltd disclaims all liability for any loss or damage, direct or indirect, which may be suffered through relying on any information contained in, or omitted from, TakeABreak websites.

The use of TakeABreak websites is at your sole risk. It is your responsibility to confirm the accuracy of the information provided on TakeABreak websites. You should make your own enquiries regarding any and all claims made by operators.

Advertising appearing on TakeABreak websites does not amount to an endorsement by Occupancy Pty Ltd. Again, all the information displayed should be verified through your own independent enquiries.

Information on TakeABreak websites is designed for Australian residents. All references to dollars are references to Australian dollars, unless otherwise stated.

External Links

Links from TakeABreak websites to external websites are provided for information only. Occupancy Pty Ltd takes no responsibility for the content of external sites, and links to such sites do not imply endorsement of the views expressed in those sites.

Limitation of Liability

To the maximum extent permitted by law, Occupancy Pty Ltd excludes completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the material and/or any use of any of the TakeABreak websites (services). Where any law implies a warranty into these terms of use, which may not lawfully be excluded, then to the maximum extent permitted by law, Occupancy Pty Ltd's liability for breach of the warranty will at Occupancy Pty Ltd's option be limited to the supply of the services again, or the payment of the cost of having them supplied again.

Privacy

TakeABreak websites do not collect personal information about people who access the TakeABreak websites without seeking prior permission. Our Internet servers may automatically record details about any computer used to access TakeABreak websites (including but not limited to the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve the TakeABreak websites.

Occupancy Pty Ltd treats the personal information of site visitors and property operators in a confidential nature. We take all reasonable steps to ensure that personal information is stored securely and accurately.

By making an enquiry or booking request through TakeABreak websites, you agree to allow us to send your details directly to the nominated property operator and to respond by email, SMS or other means in order to facilitate your holiday booking or enquiry regarding the property. You agree to the accommodation operator or TakeABreak contacting you regarding the booking using the contact details you provide including reasonable follow up communications.

In the process of making an enquiry or booking request or the process of completing a booking requested through the TakeABreak websites, you may provide personal information. The personal information collected by TakeABreak websites may be used to inform you of other services which may interest you. If you do not wish to receive correspondence from us of this nature, you may notify us at any time by visiting http://www.takeabreak.com.au/mlr.htm.

Accommodation operators are expressly forbidden from using your contact information to contact you except regarding the specific accommodation request you made through TakeABreak websites. If accommodation operators wish to add you to a mailing list or otherwise contact you on other matters they must seek your explicit agreement.

Your personal information will not be provided to third parties for their marketing or promotional use. If you have any questions relating to these terms of use, please contact us at support at takeabreak.com.au (replace 'at' with '@')

Transactions

You agree that you will only use the reservation/enquiry forms on the Site for genuine booking enquiries or reservations.

Making an accommodation enquiry or booking request through TakeABreak websites does not constitute a confirmed accommodation booking. Nor does it guarantee availability of the property for the dates requested. A confirmed booking can only result from specific agreement directly between you and the operator of the accommodation you requested.

It is your responsibility to correspond with the accommodation operator to finalise and confirm your booking. Occupancy Pty Ltd cannot be held liable for problems that may arise.

You are responsible for conducting your own investigation regarding any and all claims made by accommodation operators. Occupancy Pty Ltd is in no way responsible for the conduct of operators offering accommodation through the TakeABreak.com.au website, should a booking be made. Occupancy Pty Ltd is not responsible in the event of non-availability of accommodation, property damage or state of cleanliness, or any other matters arising out of the provision of accommodation or services by the accommodation operators.

Terms and conditions for your booking, including the terms relating to cancellation, return of deposits, arrival times and other conditions are as specified by the operator of the accommodation which you book. You should make sure you understand the terms and conditions applied by the operator of the accommodation before finalising the booking. TakeABreak does not control the terms of your booking transaction.

System Reliability

Uninterrupted and/or secure access to TakeABreak websites is not guaranteed by TakeABreak at any time. TakeABreak can not be held liable for any loss resulting from you relying on the TakeABreak websites security, supply of information or access to TakeABreak websites.

Website Use

Your continued use of TakeABreak websites indicates that you accept the above terms and conditions and agree to indemnify Occupancy Pty Ltd from any damage, loss or costs in connection with any breach of these conditions, or any other legal obligation by you and your use of, or conduct on TakeABreak websites.