Terms and Conditions
General Terms and Travel Terms are separate items in these T&Cs
1.1. This website is owned and operated by my carte Pty Ltd ACN 639 862 918.
1.2. my carte Pty Ltd is not liable to you or anyone else for any loss suffered in connection with the use of this Website or a linked website.
1.3. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
2.1. This Website is the intellectual property of my carte Pty Ltd and is subject to copyright.
2.2. my carte Pty Ltd grants you a limited, revocable and non-exclusive license for the purpose of assessing its Website for the purpose of you browsing, reviewing, or commenting on the content of the Website, and for the purpose of connecting through specific Supplier portals and links to purchase products or services.
2.3. Other than for the purpose of and subject to the conditions prescribed under the Copyright Law of Australia and similar statues that apply in your location, you may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website, without the written permission of my carte Pty Ltd
2.4. You must not conduct, or participate in, the resale or commercial exploitation of the Website and any of its contents for any purpose, unless you are an Authorised Representative.
Copyright and Trade Marks
3.1. Other names of my carte Pty Ltd products and services referred to in this Website are the intellectual property of my carte Pty Ltd and subject to common law copyright.
3.2. Other product and company names mentioned in this Website may be the trade marks of other people or entities.
3.3. You must not use any of copyright or trade marks: in or as the whole or part of your own or other trade marks;
in connection with activities, products or services other than those supplied by the suppliers and by my carte Pty Ltd in a manner which may be confusing, misleading or deceptive; and in a manner that disparages my carte Pty Ltd, or its information, products or services including this Website.
Hyperlinks, Framing and Metatags
4.1. my carte Pty Ltd grants you a limited, revocable and non-exclusive right to create a hyperlink to the homepage of the Website.
4.2. The hyperlink you create must not portray the Website in a misleading, derogatory or offensive manner.
4.3. In creating the hyperlink, you must not use any image, logo or trademark on the Website without my carte Pty Ltd express consent and then only in the format supplied by my carte Pty Ltd applicable to the style guide.
4.4. Where the Website offers a hyperlink to another website (Linked Site), you acknowledge and agree that:
my carte Pty Ltd has made no representation or warranties whatsoever regarding the Linked Site or any of it content; my carte Pty Ltd has made no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible via this Website or any Linked Site;
my carte Pty Ltd is not responsible for any information or opinions published on any Linked Site; and
in no event will my carte Pty Ltd be liable to any party for any direct, indirect, special or other consequential damages from any use of this Website, or on any other linked Site, including without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if my carte Pty Ltd is expressly advised of the possibility of such damages.
4.5. By accessing the Linked Site through a hyperlink on the Website, you warrant to my carte Pty Ltd that you have made your own inquiries and satisfied yourself regarding the suitability, reliability, security and other relevant matters regarding the Linked Site or its content and you release my carte Pty Ltd and hold my carte Pty Ltd harmless against all damage or loss that you suffer as a result of accessing the Linked Site.
4.6. Subject to clause 4.1, you must not, without the written consent of my carte Pty Ltd:
frame or use framing techniques to enclose any part of the Website;
use any metatags or similar tags that contain my carte Pty Ltd name or any of its trademarks; or
create a hyperlink to the Website.
Articles on the Website
5.1. Where the Website, particularly articles within the Website, contains any information, tables, photographs or any other material obtained from a third party source, whether it is specified to have been obtained from the third party or not (Third Party Information):
my carte Pty Ltd makes no representation or warranties whatsoever regarding the content of the Third Party Information;
my carte Pty Ltd makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information contained in any Third Party Information; and
my carte Pty Ltd in no event will be held liable to any party for any direct, indirect, special or other consequential damages from any use or reliance on any Third Party Information contained on the Website.
5.2. my carte Pty Ltd is not liable to you or anyone else for any loss suffered in connection with any Third Party Information posted.
5.3. If you believe any Third Party Information to be inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, you should contact my carte Pty Ltd via the contact form contained in the website.
6.1. You may post reviews, comments and other comments on the Website or submit suggestions, ideas, comments, questions or other information to my carte Pty Ltd from time to time, by utilising the contact form.
6.2. The content of your contacts must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights or otherwise injurious to third parties and must not consist of or contain any computer viruses, political campaign messages, commercial solicitation; chain letters, mass mailings, or any form of SPAM.
6.3. When submitting a contact, you must not use an email address that you do not own or control, impersonate any other person or entity, or otherwise be misleading as to the origin of the contact.
6.4. Where you submit a contract, you expressly grant my carte Pty Ltd a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media.
6.5. You will indemnify my carte Pty Ltd and keep my carte Pty Ltd indemnified against all claims, damages, loss or injury as a result of you breaching any: warranties contemplated by clause 6.5; warranties contemplated by clause 6.5; or other of these Terms and Conditions of Use.
Advertisement and other third party postings
7.1. my carte Pty Ltd may from time to time allow third parties to post advertisement, reviews, hyperlink or other information on the Website (Third Party Listings).
7.2. You acknowledge and agree that my carte Pty Ltd is not obligated to monitor or verify information on the Third Party Listings.
7.3. Nothing in these Terms and Conditions of Use and nothing that my carte Pty Ltd may say and do can be construed as endorsing the content of (or part of) any Third Party Listings.
7.4. Where the content of any Third Party Listing is inaccurate, incomplete or out of date, defamatory, infringing intellectual property rights or generally injurious to you or any party, and you suffer a damage or loss as a result, then to the extent permitted by law, you release and hold my carte Pty Ltd harmless against such damage or loss.
Exclusion of Warranties
8.1. To the extent permitted by applicable law, all representations, warranties and other terms are excluded other than as required by law. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
8.2. my carte Pty Ltd is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Site.
8.3. You must take your own precautions to ensure that anything you view or download from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
Limitation of Liability of my carte Pty Ltd
9.1. my carte Pty Ltd will use reasonable endeavours to ensure that all information on the Website is accurate and will correct any errors or omissions as soon as practicable after being notified of them.
9.2. To the extent permitted by law, my carte Pty Ltd disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website.
9.3. You acknowledge and agree that:
any liability my carte Pty Ltd may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law; and
in no event will my carte Pty Ltd be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Website.
10.1. Without limiting the operation of any other provisions of these Terms and Conditions of Use, you agree to indemnify my carte Pty Ltd and keep my carte Pty Ltd indemnified, holding my carte Pty Ltd harmless from all claims, demand, damages or loss (including legal costs on a full indemnity basis) incurred by my carte Pty Ltd as a result of, or flows naturally from, your breach of these Terms and Conditions of Use including without limitation the breach of any warranties.
11.1. These Terms and Conditions of Use are governed by the laws of Queensland, Australia and in any disputes between you and my carte Pty Ltd, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.
12.1. If any part of these Terms and Conditions of Use is or becomes legally ineffective, invalid or unenforceable, the effectiveness, validity or enforceability of the remainder will not be affected.
Specific Discounted site:
Welcome to UBookDirect.
Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website (including any desktop and mobile versions of it).
1.2. If You are accepting these Terms on behalf of a company or other legal entity (whether as authorized employee, agent or attorney), You represent that You have the authority to bind such entity and its Affiliates to these Terms and any Agreement, in which case the terms “You” or “Your” shall refer to such entity and its Affiliates
2. Website Registration
2.1. We reserve the right to accept or reject any person's registration on the Website in Our absolute discretion.
2.2. Free Trial Users must register on the Website prior to use.
2.3. If You submit an application to register on the Website, You will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only.
2.4. You must ensure that You provide a valid email address at the time of registration.
We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Website if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria:
(a) We reserve the right to amend, vary, remove, or modify the eligibility criteria at Our sole discretion without notice from time to time.
2.5. If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your User Account with Your up-to-date details and information.
2.6. You must not provide Your User Account name or the password for Your User Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your User Account (including unauthorised use).
2.7. You must immediately notify Us if You become aware of any unauthorised use of Your User Account.
2.8. You may cancel Your registration on the Website at any time
(a) During the 14-day free trial period or;
(b) At any point during the life of the membership.
2.9. You will entitled to a 100% Money-Back Guarantee at the end of your 12-month membership if you have not used the booking site to organize your accommodation or have not at least covered the membership price in savings. We request, that you send an email to firstname.lastname@example.org if you are applying for a refund of your membership.
2.10. You are not entitled to any refund of Membership Subscriptions paid to Us (whether paid by your or your Employer). If You cancel Your account in accordance with this clause 2.9. and have outstanding purchases of hotel accommodation, travel, leisure activities and the like, all cancelation and refunds are treated as an exclusive transaction between You and the Partner and their policies of the same as current and revised from time to time will apply.
3. Availability of Website
3.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
3.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.
4. Website usage restrictions
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Australian Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c) use the Website in any way that infringes Our rights or the rights of any third party;
(d) use the Website to create any product or service that competes with the Website; or
(e) take any steps to circumvent any technological protection measure or security measures in the Website.
4.2. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
4.4. You agree that:
5. Registered User plans and Fees
5.1. Only users who have a User Account ("Registered Users") may access the Website Services. If your User Account is being paid for by your employer or other corporate sponsor (“Sponsor Entity”), We may initiate registration of a User Account on Your behalf.
5.2. If You are a Sponsor Entity You may, upon payment of any applicable Fees, include and register nominated individuals (“Sponsored Users”) via Your Sponsor Account who may then access the Website through a User Account.
5.3. Once registered through a User Account, each Individual User becomes a Registered User for the purposes of these Terms and each Individual User accepts and is bound by the provisions of these Terms.
5.4. You agree and acknowledge that if You become a Registered User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Website.
5.5. Each Registered User, or their Sponsor Entity, must pay any fees and charges set out on the Website (or as otherwise agreed between Us and the Registered User or Sponsor Entity in writing) for the plan selected during signup for a User Account ("Fees”) at the time and in the manner set out in the Website, plus any GST or government tax that is applicable in respect of the supply of the Website Services to the Registered User. Any applicable GST is payable at the same time as the Fees.
5.6. If the Website specifies a minimum term for any subscription plan, then the subscription of a Registered User for the Website Services is for that minimum term ("Minimum Term").
5.7. A Registered User may only access the Website Services solely for the purpose(s) specified on the Website and subject to the provisions set out on the Website and in these Terms.
5.8. Free Trial Users may have limited access to the Website or Services and such access will only be granted for the duration of the Free Trial or as otherwise determined by Us in our sole discretion.
5.9. You must pay all costs associated with accessing the Website, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs and roaming charges.
5.10. Without limiting Our rights and any other provision of these Terms, if a Registered User fails to pay the Fees in accordance with the requirements of these Terms, We may suspend and/or terminate the Registered User's access to the Website Services and its Registered User Data hosted in the Website Services. At the end of any period of subscription for which You or your Sponsor Entity has paid, and subject to the other provisions of these Terms, provided you or your Sponsor Entity has submitted a valid payment method to us, Your subscription will be automatically renewed, unless You cancel the subscription before the renewal date.
6. Payment Gateway
6.1. We utilise a third party payment gateway provided by Stripe ("Payment Gateway") to process payments made to Us via the Website.
6.2. If You are, or if You become a Registered User, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
(a) that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b) We do not warrant, guarantee or represent that unauthorised access to information and Data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
(c) that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and
6.3. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.
7. Intellectual Property Rights
7.2. As between You and Us, We own all Intellectual Property Rights in the Website.
7.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
7.5. You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.
8. Responsibility for other users
8.1. We do not accept responsibility for the conduct of any users of Our Website.
8.5. Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website, any sales and marketing practices of any users of Our Website and in respect of any content uploaded by or on behalf of any user into the Website.
9. Partner Services
9.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
(a) Your use of the Website; and/or
(b) Your use of the Website Services.
9.3. You acknowledge and agree that We are not responsible or liable in any way for any content or material or third party services which You may have access to through the Website, including any travel or accommodation-related services that you may access via the Website.
9.5. The inclusion of a Partner Service on the Website does not indicate any representation by us as to the quality, timeliness, cost or any other aspect of that Partner or the Partner Services for which they are responsible, and we do not accept liability for any loss or damage incurred as a result of using the Partner Services. You also agree that we are not responsible or liable in any way for any content or material of Partner Services which you may access through the Website.
9.6. In the event of Government restrictions or interventions as a result of the COVID-19 pandemic, whether instituted at a local, State, Federal or by a Foreign Government, affecting Your ability to utilize the products or services purchased on Our Website through a Partner, You acknowledge and agree that all requests for cancellations, refunds, postponements, credits and the like, must be dealt with directly with the Partner with whom the transaction was entered, and that their policies and terms and conditions will apply.
10.1. Except in respect of any non-excludable guarantees or warranties that may be available under applicable law, We do not represent that the information on this Website is accurate, correct, up-to-date or error free.
10.2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
10.3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
11.2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
12.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
12.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://mysneakyescapes.com/terms by sending an email to us at email@example.com.
12.3. Any notice issued by hand shall be deemed delivered upon delivery.
12.4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
12.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
12.6. We may send You email or other electronic messages concerning the Website from time to time.
14. Dictionary and Interpretation provisions
Business Day means Monday – Friday excluding public holidays in Queensland, Victoria.
Business Hours means 9:00am – 5:00pm on Business Days.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Partner means, an affiliate listed on the Website.
User Account means Your account on the Website that is setup when You register on the Website.
We, Our and Us means UBOOKDIRECT Pty Ltd (ACN 617 719 614) of 480 Casuarina Way, Casuarina Beach, NSW, 2487, Australia .
Website means the website owned and/or provided by Us, the homepage URL of which is https://mysneakyescapes.com/ and also includes any content, images, text and other information appearing on any page or screen of that website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.
Website Services means the services made available via the Website from time to time.
Website Services Description means as further described at https://mysneakyescapes.com/.
You means you, the person who accesses the Website for any reason.
(c) Currency refers to Australian dollars unless specified otherwise.
(d) A reference to a statute or regulation includes amendments thereto.
(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g) A reference to time is to time in Queensland, Australia.
(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i) The words "includes", "including" and similar expressions are not words of limitation.