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Terms of Use
I. General
A. The Click 4 Group Pty Ltd, and our website, www.MakeMyStay.com.au (collectively “Make My Stay”), has published this Terms of Use (“Terms”) as part of our overall effort to provide high quality, reliable service to our Users, Property Owners and Agents (collectively “Users”). We strive to protect your privacy and security of our systems and networks. We also encourage responsible use of Make My Stay's and other ISPs' resources and make sure that we and you comply with applicable laws.
B. These Terms describe the types of uses of Make My Stay’s website. It also describes prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, Make My Stay may, in its sole discretion, determine whether a particular use of Make My Stay‘s website is a violation of these Terms. While it is not Make My Stay's intent to monitor, control, or censor communications on Make My Stay’s website, when we become aware of a violation of these Terms, we may take such action as we deem appropriate to address the violation, as referenced below.
C. These Terms are being implemented for all Users of Make My Stay's website and services. These Terms supplement, but do not supersede, any contracts Property Owners or Agents may have with Make My Stay; if such a contract restricts a use of Make My Stay’s website which is not addressed in these Terms, the contract will govern with respect to such use.
D. Make My Stay acts as an accommodation advertising portal for property owners and agents who want to list holiday accommodations. The types of accommodation available will be holiday homes, apartments and cottages as well as B&B's and one-of-a-kind boutique accommodations.
E. Make My Stay also provides tools to aid Users in the online booking of accommodations. PLEASE NOTE: the booking and online rental agreement is directly between the User booking the accommodations and the property owner or agent representing such accommodations. User understands and acknowledges that Make My Stay is not responsible for any problems that arise with respect to the booking of any accommodations. All problems related thereto shall be the full responsibility of the property owner or agent listing such accommodations and User agrees to pursue all claims directly with such property owner or agent and to hold Make My Stay completely harmless from any action or damages therefrom.
F. All advertisers, property owners or agents who list available accommodations on the Make My Stay website are fully responsible for their own listings. Make My Stay is not responsible for the accuracy of property information, photos, location, amenities, rates, availability and/or the legality of renting such accommodations. Again, Make My Stay is not responsible for the provision of the accommodation - this is the responsibility of the property owner or agent. There are many different national, state and local council laws that may impact holiday rentals and Make My Stay can not monitor or review every accommodation. User shall be responsible for determining that an accommodation he/she has chosen has obtained all required liability insurances and permits, as well as complied with all laws pertaining to holiday rentals.
II. Revisions to this Policy
From time to time, we will make changes to these Terms. We reserve the right to modify these Terms at any time, in order to inform you of changes we make to our website, services or other matters of which you should be made aware. If we make any changes to these Terms, you will be notified here on this page of our website. We may also email you or provide a notice on Make My Stay’s Home Page, although such email or notice is not required. Regardless of notification type, we urge you to check this page frequently for updates, since your continuing use of Make My Stay’s website is your continuing acceptance of our Terms and any modifications thereto.
III. Prohibited Uses
A. Use of Make My Stay’s website as described below is prohibited under these Terms. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
- Illegal/Criminal Activity – Make My Stay’s website may not be used in connection with criminal or civil violations of local, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information and threats of physical harm or harassment.
- Security Violations – Make My Stay’s website may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring or using systems without authorization; scanning ports; conducting denial of service attacks and distributing viruses or other harmful software.
You are responsible for maintaining the basic security of your computer system, to prevent its use by others in a manner that violates these Terms. Examples include improperly securing a mail server so that it may be used by others to distribute spam and improperly securing an FTP server so that it may be used by others to illegally distribute licensed software. You are responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
- Threats – Make My Stay’s website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel and/or defamation.
- Offensive Material – Make My Stay’s website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent and/or hateful materials.
- SPAM – Spam is an unacceptable use of Make My Stay’s website. Spam includes any of the following activities:
- Posting a single message or messages similar in content, to more than five online forums or newsgroups. Posting messages to online forums or newsgroups that violate the rules of the forums or newsgroups.
- Collecting the responses from unsolicited e-mail.
- Sending any unsolicited e-mail that could be expected, in Make My Stay's reasonable discretion, to provoke complaints.
- Sending e-mail with charity requests, petitions for signatures, or any chain mail related materials.
- Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
- Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.
- Using Make My Stay facilities to violate what could reasonably be considered a violation of another Internet Service Provider's acceptable use policy and/or terms of service.
- Indirect Access – A violation of these Terms by someone having only indirect access to Make My Stay’s website through a Customer or other User will be considered a violation by the Customer or other User, whether or not with the knowledge or consent of the Customer or other User. As an example, ‘Down Stream Providers’ are responsible for the actions of Customers to whom they provide services operating on Make My Stay’s website. Make My Stay will address and attempt to resolve complaints about the actions of Customers of ‘Down Stream Providers’ with ‘Down Stream Providers.
In addition, this policy applies to any email or content transmitted by you or on your behalf which uses a Make My Stay account as a mailbox for responses or promotes content, hosted or transmitted, using Make My Stay facilities, or which indicates in any way that Make My Stay was involved in the transmission of such email or content.
B. The resale of Make My Stay services is not permitted, unless expressly permitted in a written agreement with Make My Stay.
C. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Make My Stay, in its sole discretion.
D. feasible, it is Make My Stay's preference to give notice so that violations may be addressed voluntarily, however, Make My Stay reserves the right to act without notice when necessary, as determined by Make My Stay, in its sole discretion. Make My Stay may involve, and will cooperate with, law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.
IV. Copyright
A. All information, content, services and software displayed on, transmitted through or used in connection with Make My Stay, with the exception of User Content as defined below, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Make My Stay and/or its affiliated companies, licensors and/or suppliers.
B. You may use the Content online only and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
C. If you operate a web site and wish to link to Make My Stay, you may do so provided you agree to cease such link upon request from Make My Stay. No other use is permitted without prior written permission of Make My Stay. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms.
D. You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Make My Stay, not to insert any code or product or manipulate the content of Make My Stay in any way that affects the User's experience, and further, not to use any data mining, data gathering or extraction method.
E. Requests to use Content for any purpose other than as permitted in these Terms should be directed to Make My Stay at CustomerService@MakeMyStay.com.au. In certain cases, you may be able to use individual stories that appear on Make My Stay through online functionality we have specifically designated (e.g., to e-mail a review to a friend). In such cases, we will tell you directly in the portion of the Content what you may use or you will see a link in the Content itself.
V. User Content Representations and Warranties
A. By placing material on Make My Stay, including but not limited to posting content or communications to any Make My Stay bulletin board, forum, blog-space, message or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms; and, (2) the User Content will not cause injury to any person or entity.
B. Using a name other than your own legal name in association with the submission of User Content is.
VI. User Content License
A. For all User Content you post, upload, or otherwise make available ("Provide") to Make My Stay, you grant Make My Stay, its affiliates and related entities, including its websites, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed.
B. Without limiting the generality of the previous paragraph, you authorize Make My Stay to share the User Content across all websites, to include the User Content in a searchable format accessible by Users of Make My Stay and other Make My Stay websites, now in use or later developed, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide.
C. You waive all intellectual property rights with respect to any User Content you provide to Make My Stay. You also grant Make My Stay the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
VII. User Content Screening and Removal
You acknowledge that Make My Stay and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation, that such User Content violates these Terms or is otherwise objectionable.
VIII. User Content Assumption of Risk
A. Make My Stay cannot and does not monitor or manage User Content and/or Reviews, and does not guarantee the accuracy, integrity, or quality of User Content or Reviews. All User Content and Reviews provided to Make My Stay are the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content or Reviews that you provide.
B. To protect User safety, please use your best judgment when using Make My Stay forums, posting boards or other communication vehicles. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. User acknowledges and agrees that if User makes such disclosures, either through posting on any bulletin board, forum, blog-space, message or chat area, or uploading text, images, audio files or other audio-visual content, in interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
IX. User Content Posting Rules
A. Any decisions as to whether User Content violates any Posting Rule will be made by Make My Stay in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
- If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the photo or video.
- You may not provide User Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material;
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
- violates any right of Make My Stay or any third party;
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
- violates or encourages the violation of any law, rule, regulation or ordinance;
- interferes with any third party's uninterrupted use of Make My Stay;
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
- disrupts, interferes with, or otherwise harms or violates the security of Make My Stay, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Make My Stay or affiliated or linked sites;
- "flames" any individual or entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY MAKE MY STAY.
X. Unsolicited Material and Ideas
Make My Stay is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to Make My Stay. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Make My Stay and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
XI. Uses, Registration and Other Policies
A. When registering, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any changes in the registration data to Make My Stay immediately upon such changes.
B. User shall not use pseudonyms or fictitious names in your registration or profile.
C. User shall not be allowed to have multiple registrations. User may only establish one (1) user profile. If Make My Stay finds that you have established more than one registration or profile, your account(s) may be suspended or terminated, subject to the sole discretion of Make My Stay.
D. User warrants and represents that you are of legal age (18 or older) to use the services of Make My Stay at the time of registration.
E. User may use Make My Stay’s website content online only and solely for personal, non-commercial use and may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such content.
F. User may not post, distribute or republish in any way, any portion of Make My Stay’s website content to any Internet, Intranet or Extranet website or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
G. User may not distribute any of Make My Stay’s website content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
H. User may not copy any of Make My Stay’s website content without permission from Make My Stay. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Make My Stay’s websites. User may not insert any code or product or manipulate the content of Make My Stay’s websites in any way that affects the User's experience, and further, may not use any data mining, data gathering or extraction method on any Make My Stay’s websites.
I. Requests to use Make My Stay content for any purpose other than as permitted in these Terms shall be directed to Make My Stay at CustomerService@MakeMyStay.com.au.
XII. General Disclaimers and Limitations of Liability
A. While Make My Stay uses reasonable efforts to include accurate and up-to-date information, Make My Stay specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Make My Stay websites, either now operating or created in the future. Make My Stay disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. Make My Stay disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through Make My Stay’s websites.
B. MAKE MY STAY WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MAKE MY STAY WEBSITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. MAKE MY STAY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MAKE MY STAY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE MAKE MY STAY WEBSITES. MAKE MY STAY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MAKE MY STAY WEBSITES. MAKE MY STAY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MAKE MY STAY WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MAKE MY STAY WEBSITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED IN THE MAKE MY STAY WEBSITES.
C. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MAKE MY STAY WEBSITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. MAKE MY STAY AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL MAKE MY STAY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF, OR RELIANCE ON, THE MAKE MY STAY WEBSITES, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MAKE MY STAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE MAKE MY STAY WEBSITES, FROM INABILITY TO USE THE MAKE MY STAY WEBSITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MAKE MY STAY WEBSITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MAKE MY STAY WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MAKE MY STAY WEBSITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MAKE MY STAY WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MAKE MY STAY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE MAKE MY STAY WEBSITES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MAKE MY STAY WEBSITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.
H. Make My Stay does not make any warranties or representations regarding any data and/or information provided or made available by any User on any of the Make My Stay websites or on any external websites linked to them. In particular, Make My Stay does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
I. You may report any activities of any other User which violate applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to the Customer Service Department, such email being CustomerService@MakeMyStay.com.au.
J. Without limiting the foregoing, under no circumstances shall Make My Stay be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
XiII. Indemnity
User agrees to indemnify, defend and hold harmless Make My Stay, its website(s) and each of their respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
- your use of Make My Stay websites;
- Make My Stay's use of any User content or information you provide, as long as such use is not inconsistent with these Terms;
- information or material provided through your IP address, even if not posted by you; or
- any violation of these Terms by User.
XIV. Termination of Membership
A. User may terminate your account at any time. User may deliver notice of termination using the Customer Service email address, available below. The termination notice shall include the name and email you registered with.
B. In addition to other reasons, stated elsewhere in these Terms, Make My Stay may, without cause and in its sole discretion, terminate your membership under the following circumstances, which are non-inclusive:
- If you promote any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors; or
- you cause physical, mental or emotional harm to any other User(s);
- If you, as a property owner or agent, provide false or misleading information or photographs describing the accommodation you have listed for holiday rental; or
- other reason deemed appropriate by Make My Stay, in its sole discretion.
C. In the event of a termination in accordance with section VII (B) and notwithstanding Make My Stay's right to terminate the contract in accordance with section VII (B), Make My Stay is entitled to:
- Delete the contents, account and profile posted by you; or
- Issue a warning to you; or
- Block your access to services on the Make My Stay websites.
XV. Errors in Advertisements or Accommodation Listings
On occasion, an accommodation, product or service offered by property owners or agents on the Make My Stay websites may not be available at the time or the price as it appears in an advertisement or listing. In such event, or in the event an accommodation, product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or information received from our property owners or agents, you agree that Make My Stay is not responsible for such errors or discrepancies and that your only course of action is to contact the appropriate property owner or agent.
XVI. Additional Terms
A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Make My Stay.
B. The place of performance under these Terms shall be main place of business of Make My Stay, which is Brisbane, Queensland, Australia.
C. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of Make My Stay, which is Brisbane, Queensland, Australia.
D. These Terms and the contractual relationship shall be governed by the laws of Brisbane, Queensland, Australia
XVII. Discontinuation of Service
A. Make My Stay may modify, suspend, discontinue or restrict the use of any portion of Make My Stay websites, including the availability of any portion of the content at any time, without notice or liability.
B. Make My Stay may deny access to any User at any time for any reason. In addition, Make My Stay may, at any time, transfer rights and obligations under these Terms to any current or future Make My Stay subsidiary or business unit, or any companies or divisions, or any entity that acquires Make My Stay or any of its assets.
XVIII. Statute of Limitations
You agree to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree no claim subject to these Terms may be brought as a class action.
XIX. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XX. Incident Reporting
Any complaints regarding violations of this Policy by a Make My Stay User should be directed to CustomerService@MakeMyStay.com.au. Where possible, include details that would assist Make My Stay in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XXI. Contact Information
Please contact the Make My Stay by sending an e-mail to CustomerService@MakeMyStay.com.au. You may also contact us by mail at:
Make My Stay
The Click 4 Group
Level 18 / 123 Eagle Street
Riverside Centre
Brisbane, QLD, 4000, Australia
XXII. Effective Date
THESE TERMS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON APRIL 22, 2008.
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