Terms and Conditions
Welcome to www.thehotelcollective.com (the ‘Website’). The Website provides accommodation reservation services (the ‘Services’).
The Website is operated by
Nuvho Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Nuvho Pty Ltd updates the Terms, it will use reasonable
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Nuvho Pty Ltd in the user interface.
Registration & Personal Details
You may elect to register for an account through the Website (the ‘Account’). As part of the registration process or as part of your continued use of the Services, you may be required to provide personal information about yourself including email address, preferred username, telephone number, password
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Nuvho Pty Ltd or you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your Obligations as an Account Holder
As an Account Holder, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Nuvho Pty Ltd of any
unauthoriseduse of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Nuvho Pty Ltd providing the Services;
- you will not use the Services or the Website in connection with any commercial
endeavoursexcept those that are specifically endorsed or approved by the management of Nuvho Pty Ltd;
- you will not use the Services or Website for any illegal and/or
unauthoriseduse which includes collecting email addresses of Account Holders by electronic or other means for the purpose of sending unsolicited email or unauthorisedframing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Nuvho Pty Ltd for any illegal or
unauthoriseduse of the Website ; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Nuvho Pty Ltd can vary the Services Fee at any time.
Cancellation & Refund Policy
We require a minimum of 24 hours notice prior to
Copyright and Intellectual Property
The Website, the Services and all of the related products of Nuvho Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Nuvho Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Nuvho Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to use the Website pursuant to the Terms and copy and store the Website and the material contained in the Website in your device’s cache memory; and print pages from the Website for your own personal and non-commercial use.
Nuvho Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Nuvho Pty Ltd. Nuvho Pty Ltd retains all rights, title
You may not, without the prior written permission of Nuvho Pty Ltd and the permission of any other relevant rights owners: broadcast, republish,
Nuvho Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded and Nuvho Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorisedaccess to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of
Nuvho Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
Limitation of Liability
Nuvho Pty Ltd total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you
Termination of Contract
The Terms will continue to apply until terminated by either you or by Nuvho Pty Ltd as set out below. If you want to terminate the Terms, you may do so by:
- providing Nuvho Pty Ltd with 14 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Nuvho Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Nuvho Pty Ltd at 1/16 McDougall Street, Milton, QLD 4064 Australia.
Nuvho Pty Ltd may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Nuvho Pty Ltd is required to do so by law; and
- the provision of the Services to you by Nuvho Pty Ltd is, in the opinion of Nuvho Pty Ltd, no longer commercially viable.
Subject to local applicable laws, Nuvho Pty Ltd reserves the right to discontinue or cancel your account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Nuvho Pty Ltd or Hero Explorer’s name or reputation or violates the rights of those of another party.
You agree to indemnify Nuvho Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or
attemptsto do so; and/or
- any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute. On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must within 28 days of the Notice
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.