Welcome to the Terms & Conditions of Use for this web site (the “Site”). Your use of the Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on this Site is subject to the Carrington Inn Pty Ltd’s (“Carrington”) Privacy Policy for Guests (available at www.TheCarringtonInn.com.au/privacy-policy), which is hereby incorporated into these Terms & Conditions.
The Site offers information about the services and offerings of the Carrington or its affiliates. As used throughout the Site, the terms “Carrington,” “the Company,” “our,” “we,” “us,” “our,” and other similar terms may refer to Carrington Inn Pty Ltd or one or more of their direct or indirect outlets, subsidiaries or affiliates. All of these terms are used for convenience only and are not intended as a precise designation of any particular entity.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.
Use of cookies
PLEASE NOTE: The Site uses various types of cookies to provide certain functionality on the Site. A cookie is a small text file that contains small amounts of information that are downloaded to your computer or mobile device when you visit a web site. These cookies are then sent back to the originating web site when you visit that site again or to another site that recognises that cookie. For further information on the cookies that are used on theCarringtonInn.com.au, please visit the Carrington’s Statement on the Use of Cookies (available at Cookie Statement).
Use of the site
General
You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. The services of the Site are not intended for and should not be used by minors. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through this Site. You agree to comply with these Terms & Conditions and any such applicable additional terms and conditions.
Accounts / Passwords
You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.
Reservations
You may only use the Site to make legitimate reservations or purchases for yourself and your invited guests or an individual for whom you are authorised in advance to act. Unless you have obtained prior written permission from Carrington, you may not use the Site to make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms). Reservations made in violation of these Terms & Conditions may be cancelled without notice in Carrington’s sole discretion. Carrington further reserves the right to cancel reservations without notice that transferred in violation of these Terms & Conditions.
Transaction Currency
All transactions presented or closed on the Carrington Inn site, whether they are for accommodation, food and beverage, merchandise, or services, are denominated in Australian Dollars, unless otherwise indicated on the transaction screen at the time the transaction is made by you.
Reservation Cancellation
Accommodation: You may cancel individual reservations booked online via the Carrington Inn website 48 hours before normal arrival time of the day of the reservation, without a charge. Normal arrival time means 14:00/2PM in New South Wales, Australia. After that time, the full first day’s room rate will be due and charged to your credit card or account.
For the sake of clarity, a reservation for Friday, can be cancelled without charge, if the Inn is advised in writing, by phone, or via its online reservation system of the cancelation, by Wednesday 14:00/2PM.
This accommodation cancellation policy is not applicable to bookings made via third party reservation systems, special event or function bookings, or bookings made by private quotation and contract with us. In those cases, please refer to the term and conditions of those third parties, or as set out in the contract with the Carrington.
Dining: When a booking has been secured by credit card or account, you may cancel individual reservations booked online via the Carrington Inn website 48 hours before normal arrival time of the day of the reservation, without a charge. For dining reservations, normal arrival time means 18:00/6PM in New South Wales, Australia. For reservations cancelled between 48 hours and 24 hours before the normal arrival time of the day of the reservation, the greater of the deposit taken at the time of booking or 50% (fifty percent) of the reservation’s fixed meal cost will be due and charged to your credit card or account. For reservations cancelled less than 24 hours before normal arrival time the greater of the deposit taken at the time of booking or 100% (one-hundred percent) of the reservation’s fixed meal cost will be due and charged to your credit card or account.
For the sake of clarity, a dining reservation for Friday 20:00/8PM, can be cancelled without charge, if the Inn is advised in writing, by phone, or via its online reservation system of the cancelation, by Wednesday 18:00/6PM.
This dining cancellation policy is not applicable to bookings made via third party reservation systems, special event or function bookings, or bookings made by private quotation and contract with us. In those cases, please refer to the terms and conditions of those third parties, or as set out in the contract with the Carrington.
Credit Card Surcharge
If you elect to pay your account via credit card, the Carrington Inn will apply a surcharge of 1.5% (one and one half percent). As credit card payment is required to make a reservation at the Carrington, you will be entitled to tender full cash payment upon check-out. If you do, we will refund to the credit card used for the reservation the amount charged, including the surcharge.
Credit Card Information
The storage of credit card information on the site (if available) is entirely optional. It is not required to use the Site. Saving credit card information may help expedite your reservation process in the future. You will be solely responsible for updating any credit card information that you provide, and such information may only be maintained until the expiration date of the credit card. You acknowledge that Carrington may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilise that provide Carrington with your account information or your Carrington Loyalty Program credentials or if you have established a link with such devices.
Carrington’s Right to Cancel / Errors / Mistakes
The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including without limitation rates, fees, or availability applicable to your transaction. Carrington assumes no responsibility or liability for such errors, inaccuracies, or omissions. Carrington shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions. Carrington shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.
Promotional Information
The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Carrington reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Prohibited Uses
Any commercial use of this Site is expressly prohibited unless you have obtained prior written consent from Carrington. You may not use this Site to post or transmit any unlawful, infringing, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use, place, or distribute any viruses, worms, sleeper code, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without Carrington’s prior express written consent, or (d) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without Carrington’s prior express written consent.
Privacy & Confidentiality
Your submission of information on this Site to make a reservation is subject to Carrington’s Privacy Policy for Guests (available at www.theCarringtonInn.com.au), which is hereby incorporated into these Terms & Conditions. Any communications such as searches, questions, comments, suggestions and similar communications submitted by you to Carrington are not confidential communications, and Carrington shall be free to use, reproduce, publish, distribute, and disclose such communications. Carrington is under no obligation to protect such communications from disclosure. Carrington may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Carrington is also free to use for any purpose whatsoever any ideas, concept, content, techniques, or know-how in such communications without limitation and without any obligations to you.
Browsing Habits
The Site may tailor information, offers, and other content based on your browsing habits on the Site and your geographic location.
Links
The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. Carrington provides these links solely as a convenience to you. The inclusion of these links in no way indicates Carrington’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without Carrington’s express prior written consent.
Miscommunications / Lost Transactions
Carrington is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Carrington is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.
Availability
The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Carrington’s products and services. A reference to a product or service on the Site does not imply that such product or service is or will be available. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
Intellectual property
General / Ownership
Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Carrington or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser to conduct ordinary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Carrington’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.
Copyright
Unless otherwise noted, all content on this Site is the copyrighted property of Carrington or its affiliates or licensors. All content of this Site is protected by Australian copyright laws as well as the applicable laws of other jurisdictions.
Carrington Trademarks
TOM WILLS® and MyTea® are registered trademarks, and Carrington Inn™, Wintergarden™, Empire Salons™, Myees™, ELM PARK™, Carrington Bear™, Carrington Charities™ are trademarks, and ‘Changing the World, One Guest at a TimeSM, is a Servicemark, and other related marks used on the Site are the proprietary intellectual property of Carrington Inn Pty Ltd and its affiliates for its distinctive products and services. The use of the ® symbol designates marks that are registered with the Australian Commonwealth I P Australia (Patent and Trademark) Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Carrington and protected by the trademark laws of Australia and other jurisdictions.
Notice and Procedures for Making Claims of Copyright Infringement
Carrington respects the intellectual property rights of third parties. Carrington responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Carrington believes that it is liable for any copyright infringement for which we are provided notice, Carrington’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Carrington’s sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:
Carrington Inn Pty Ltd
Attn: General Manager
21 Malbon Street,
Bungendore, NSW 2621
[email protected] and c.c. [email protected]
with the following information:
- Your name, address, telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and where it is located on the Site;
- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agents, or the law;
- A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorised you to act on its behalf; and
- Your written or electronic signature attesting to the above.
General legal terms
Right to Restrict Access
In addition to any other rights or remedies that may be available to Carrington, Carrington may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of this Site at any time and without notice.
Warranty Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
NEITHER CARRINGTON NOR ANY CARRINGTON PARENT NOR ANY OF CARRINGTON SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE OR LICENSOR SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CARRINGTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CARRINGTON’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CARRINGTON, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE.
Jurisdiction / Governing Law / Choice of Forum
This Site is controlled and operated by Carrington from its offices within the State of New South Wales, Australia. Carrington makes no representation that the content or materials on this Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of New South Wales, Australia, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near Queanbeyan, NSW, Australia. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
No Waiver
Carrington’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
Forward Looking Statements
Certain statements and assumptions in this Site contain or are based upon “forward-looking” information. When we use the words “will,” may,” “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend,” or similar expressions, we intend to identify forward-looking statements. Forward looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.
Contact
If you have any questions or concerns regarding this Site, please contact us at [email protected] As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.
Revised 9/2016
