Website Terms of Use

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Last updated: 12 September 2022

  1. Effect of Terms
    1. These Terms set out the terms on which you make use of the Website. By registering to use the Services or otherwise accessing our Website, you indicate that you have read, understood and accept these Terms together with our Privacy Policy and that you agree to abide by them. If you do not agree to these Terms, you must refrain from accessing the Website.
    2. If you are agreeing to these Terms on behalf of a business entity, you represent to Rezdy that you have legal authority to bind that entity.
    3. Rezdy reserves the right to change these Terms at its discretion without notice. Amendments will be effective immediately upon publishing notice on the Website. Your continued use of the Website following such notice will represent an agreement by you to be bound by the Terms as amended.
    4. Where we provide you with Services, additional terms will apply with respect to these Services. These include but are not limited to: Booking Software Terms and Conditions located at rezdy.com/booking-software-terms-and-conditions/, Distribution Services Terms and Conditions located at rezdy.com/distribution-services-terms-and-conditions/ and RezdyPay Terms of Service located at rezdy.com/rezdypay-terms-of-service/.
    5. In these Terms:
      1. Activities means tours, commercialised experiences, entertainment transportation, tickets or other activities provided by our affiliates of customers from time to time in connection with the Services and Activity has a corresponding meaning.
      2. Communication Services means any bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars and/or additional message or communication facilities, available through the Website, designed to enable you to communicate with the public at large or a group.
      3. Personal Data means information about you which personally identifies you or may reasonably be used to personally identify you pursuant to Data Protection Laws, as set out in our Privacy Policy.
      4. Privacy Policy means our privacy policy located at rezdy.com/privacy-policy/;
      5. Services means the services provided by Rezdy to you, which may include but is not limited to the Rezdy System and associated support services available through the Website;
      6. Rezdy, we, or us means Rezdy Pty Limited (ACN 153 242 632) or its associated entities as appropriate.
      7. Rezdy System means the Rezdy Software created by Rezdy comprising inventory management software, customer relationship management software, sales and distribution software, the distribution services set out in the Distribution Services Terms and Conditions, Website, help resources, user interfaces, user manuals and documentation, Intellectual Property Rights, object code and any related technology systems or other Intellectual Property Rights as updated from time to time.
      8. Terms means these Website Terms of Use;
      9. Website means the internet site at rezdy.com/, including Communication Services or any other site or mobile application operated by Rezdy.
      10. You or your means you as an individual who accesses our Website, and where the context permits, includes any entity on whose behalf that person accesses our Website.
  2. Use of the Website
    1. In accessing the Website, you agree that you will not:
      1. use any device, software, process or means to interfere or attempt to interfere with the proper function of the Website or restrict or interfere with any other party’s usage;
      2. use the Website or any content from the Website in any manner which is, in Rezdy’s sole opinion, not reasonable and/or not for the purpose which it is made available;
      3. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Website;
      4. advertise or offer to sell or buy any goods or services for any business purpose, unless we expressly consent to such action;
      5. do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with Rezdy or the equipment where the Website is hosted or where its databases and code are located;
      6. modify, copy, distribute, decompile, disassemble, reverse engineer, transmit, display, perform, reproduce, publish or license any material from this Website, integrate the Website with or into any other software, or create a derivative work from the Website or its content by any means;
      7. violate the property rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
      8. defame, abuse, harass, stalk, threaten any person by publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
      9. act in violation of any applicable laws, regulations or codes;
      10. transfer or sell any information, functionality or products or services offered on the Website or purport to grant to a third party any right to access or use the Website except as permitted by us;
      11. download any file in connection with the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
      12. engage in any act which we believe, at our absolute discretion:
        1. breaches the provisions of the Spam Act 2003 (Cth);
        2. provides misleading information as to the origin of a message, or alters any headings, return email information or IP addresses in an attempt to conceal the origin of a message;
        3. is an unsolicited broadcast of commercial emails sent to persons who have not consented to the receipt of that type of email;
        4. provides misleading information as to the identity or authority of the person making the posting on the Website;
        5. constitutes hacking or the facilitation of hacking;
        6. distributes any virus, trojan horse, worm or other programs that have an adverse effect on the Website or our infrastructure,
          • or aid, abet, counsel or procure any of the above.
    2. You must:
      1. use the Website only for lawful purposes in accordance with these Terms;
      2. comply with any reasonable directions issued by us from time to time in relation to the use of the Website;
      3. adhere to all limitations on posting and downloading materials on the Website;
      4. promptly report any errors, defects or malfunctions in the Website to us;
      5. treat the Personal Data of others in accordance with the provisions of the Privacy Policy; and
      6. comply with any instruction from us to delete or remove any material that, in our absolute opinion:
        1. breaches these Terms or our Privacy Policy; or
        2. is the result of a lawful instruction from a third party to remove content, for example where a third party has issued a Take Down Notice under the provisions of the Copyright Act 1968 (Cth).
    3. You acknowledge:
      1. you warrant to us that you are over 18 years of age prior to any access or use of the Website;
      2. we do not guarantee that our Website, or any content on it, will always be available, error-free or uninterrupted;
      3. we may choose to withdraw, suspend or restrict the availability of all or part of our Website for operational and business reasons and we will seek to provide you with reasonable notice of such action;
      4. you are responsible for ensuring all access to our Website through your internet connection is completed in accordance with these Terms;
      5. certain sections of the Website may be limited in access or use for persons with a subscription to the Services, and you agree you have no right to access these sections without a current subscription, and we may revoke your access at any time if you do not have a current subscription;
      6. we do not claim ownership for the materials you provide, post, upload, input or otherwise submit to the Website (Submissions);
        we have no obligation to monitor or review all Submissions, but we reserve the right to monitor, review and remove any Submissions in our sole discretion;
      7. we do not control or endorse the content, messages and information published in your Submissions and disclaim all liability with respect to Submissions and any actions resulting from your participation;
      8. by posting, uploading, inputting or otherwise submitting your Submissions, you warrant to us that you own or otherwise control all intellectual property rights to your Submission including without limitation all necessary rights for you to provide, post, upload, input or submit those Submissions;
      9. we have no obligation to pay you in respect of your Submissions or our use of them pursuant to Rezdy’s sole discretion;
      10. we may disclose, edit, refuse to post, or remove any information required to satisfy any applicable requirements at law, regulatory or government obligations; and
      11. you are not an authorised representative or spokesperson for Rezdy, and your views do not necessarily reflect our views.
  3. Fees
    1. You will be required to pay fees in order to use the Services. All fees are governed by the terms as agreed between you and Rezdy.
  4. Your data and information
    1. Any Personal Data we collect about you via this Website will only be used, handled, and disclosed in accordance with applicable law and our Privacy Policy.
    2. You are responsible for:
      1. the content, accuracy and completeness of any data (including Personal Data) or information you enter on the Website and/or Communication Services, provide to Rezdy or another user of the Services and you promise that such data or information that you enter or otherwise provide to Rezdy or a user is accurate, up to date, not misleading or deceptive in any way, and does not contravene any applicable law or infringe any third party’s rights;
      2. Keeping any password or security information in connection with your access or use of the Website is kept confidential and reasonably safeguarded from third party unauthorised access, including by promptly notifying us upon your knowledge or reasonable suspicion that unauthorised access has been granted to your password or security information; and
      3. securing and backing up your content uploaded or otherwise accessible through the Website.
    3. In accordance with our Privacy Policy, we may copy, reproduce, use, store, communicate or adapt your data and information but only for the purposes of providing the Services (and any related or ancillary services).
    4. We may record any conversations between you and representatives of Rezdy by way of telephone, email or other written correspondence on our Website for the express purpose of subscribing you to the Rezdy System (as applicable), or otherwise for the express purpose of providing the Services.
    5. We may, without liability, intercept, remove, alter or prevent access to any of your data or information on the Website:
      1. that breaches these Terms or any express terms you have agreed with Rezdy;
      2. that we reasonably believe is offensive, defamatory, or breaches the rights of any person;
      3. that we reasonably believe is inaccurate, out-of-date or is incomplete; or
      4. if directed by a regulator, government agency, law enforcement agency or court.
  5. Cookies
    1. You acknowledge and agree that:
      1. we may use “cookies” to identify your computer or device accessing our Website and for other purposes, including to personalise and operate the Website for you;
      2. our use of cookies may result in the collection of Personal Data about you, which may be used pursuant to our Privacy Policy and these Terms; and
      3. if you delete or refuse to accept cookies via your internet browser, we may not be able to provide you with the full functionality of our Website.
  6. Intellectual Property Rights
    1. You agree and acknowledge that:
      1. all intellectual property rights in and associated with the Website and anything that we create, modify, provide, supply or license to you in providing the Services are exclusively owned by us and licensed to you on these Terms;
      2. our intellectual property rights are protected by Australian and international laws;
      3. you must not do anything which jeopardises or interferes with our ownership of our intellectual property rights, including all related names, logos, service names, designs and slogans that are our trade marks;
      4. subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you must not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of the Website or commercialise any information obtained from any part of the Website without prior written consent from us or, in the case of any third party material, from the owner of the intellectual property rights in that material;
      5. by posting, uploading, inputting or otherwise submitting your Submissions, you warrant to us that you own or otherwise control all intellectual property rights to your Submission including without limitation all necessary rights for you to provide, post, upload, input or submit those Submissions; and
      6. you hereby grant Rezdy a worldwide, royalty free licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sub-licence, make derivative works of, and otherwise commercialise and exploit, your details, information or Submissions that are posted or uploaded by you onto this Website.
    2. If you believe that your Submissions have been dealt with in a manner that breaches your intellectual property rights, you will need to provide Rezdy, in writing, with the following:
      1. an electronic or physical signature of the person authorised to act on behalf of the owner of the Submissions;
      2. a description of the Submission protected by intellectual property rights which you claim has been infringed upon (Infringed Submission);
      3. a description of where the Infringed Submission is located on the Website, including the auction ID number (if applicable);
      4. your address, telephone number, and e-mail address;
      5. a statement by you that you have a good-faith belief that the disputed use is not authorised by the owner of the Infringed Work, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate.
  7. Termination
    1. In our sole discretion, we may terminate or suspend your access to the Website. We will seek to provide you with reasonable notice of termination under this clause, however we hold no express obligation to reasonably notify you under these Terms.
    2. Pursuant to clause 8(a), any notice of termination will be provided to you through the email address you used to subscribe to the Rezdy Systems (as applicable).
    3. Upon termination for any reason, all legal rights of a party arising from a breach that preceded termination survive.
  8. Disclaimer
    1. Rezdy, its employees, agents, and contractors:
      1. make no representations, express or implied, as to the accuracy of the information and data contained on the Website and all information is made available on an “as is” basis;
      2. makes no representations, express or implied, as to the availability or operation of the Website; and
      3. publishes information, advertisements and Activities supplied by third parties on this Website.
    2. Where our Website contains links to third party websites (Linked Sites), we are not responsible for controlling or dealing with the content of any Linked Sites, including without limitation, any updates, changes or linked site within the Linked Site. We are not responsible for any webcasting or other form of transmission received from any Linked Site and we provide these links to you only for convenience, without any endorsement for the Linked Site or its associated operators.
    3. You warrant that:
      1. you do not rely on any information provided by us (including via the Website);
      2. you have made your own independent enquiries and used your own skill and judgment in determining whether any Services offered are appropriate for your needs and appropriately priced;
      3. if you rely on any information provided by a user of our Services, you do so completely at your own risk; and
      4. you will comply with all applicable laws, regulations, and codes.
    4. We will not be responsible for the terms of any transaction between you and any third-party vendor, any information, goods, or services supplied to you by any third-party vendor or resolving any dispute between you and any third-party vendor.
  9. Liability and indemnity
    1. The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted, or modified. Nothing in these Terms limits those rights and remedies in any way (as applicable).
    2. To the maximum extent permitted by law, Rezdy expressly excludes all warranties and other terms which may be otherwise implied by common law, statute or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any loss of use, data, profits or other intangibles, damage to reputation or good will, cost of procurement of substitute services arising out of or related to the use or inability to use, performance or failure of the Website or Linked Sites and any materials posted on those sites, irrespective of whether those damages were foreseeable or arise in contract, equity, tort, restitution, statute, common law or otherwise.
    3. You indemnify us, our directors, employees, agents, and contractors in respect of any liability, loss, claim, and expense incurred by us as a result of:
      1. any claim that any information (including Submissions) you provided to us, uploaded or otherwise made available on the Website, its use, storage, reproduction or communication, infringes another person’s rights;
      2. any information, Activities or otherwise that you provide to any third party in connection with Rezdy;
      3. any use of information you obtain from the Website which results in a claim against us by a third party; and
      4. any breach by you of your obligations under these Terms or as a result of any use of the Website.
    4. Each party to these Terms must mitigate any loss suffered because of a breach of these Terms by the other party, or any warranty or indemnity provided under these Terms.
    5. Except as set out in this clause 10, if you are dissatisfied with any aspect of the Website or these Terms, your sole and exclusive remedy is to discontinue access and use of the Website.
  10. General
    1. These Terms embody the entire agreement between you and Rezdy with respect to the Website. These Terms supersede all previous and contemporaneous agreements between the parties to these Terms, whether oral, written, or electronic.
    2. You must do everything reasonably required by us to give full effect to these Terms.
    3. Nothing in these Terms shall create, or be deemed to create, a partnership, agency relationship or employment relationship between you and Rezdy.
    4. If any provision of these Terms is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable, or unreasonable it shall be deemed severable to the extent that the remaining provisions of these Terms shall continue in full force and effect.
    5. Our failure or delay in exercising a right, power or remedy under these Terms does not operate as a waiver.
    6. If you wish to contact us in writing, or if any provisions in these Terms require you to provide us with notice, you can send us notice by email at legal@rezdy.com.
    7. The laws of New South Wales govern these Terms. Each party irrevocably submits to the non-exclusive jurisdiction of the New South Wales courts and courts competent to hear appeals from those courts. Any use of the Website in a jurisdiction that does not give effect to these terms is unauthorised.
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