Website Terms and Conditions
and Privacy Policy

Please find website terms and conditions below.

Privacy Policy

This Privacy Policy describes how we collect, use, process and disclose your information, including personal information which includes certain identifiable information about you, like your name, email, address, telephone number, bank account details, payment information, support or contact queries, online community comments and so on (Personal Information). We will not use or share your information with anyone except as described in this Privacy Policy.

Please read this Privacy Policy carefully. This Privacy Policy may be amended from time to time at our sole discretion, with changes, additions and deletions. You should check this page regularly to ensure that you are aware of any changes. Your continued use of the Website and following any amendments indicates that you accept the amendments. In the event of a material change, we will let you know via email and/or a prominent notice on our Website. By using our Website or its content, you consent to this Privacy Policy as at August 2022 whether you have read it or not.

GENERAL

Who We Are

The website https://www.magnoliahouse.online/ (Website) and the Website’s contents, products, materials and services (Services) are owned by Magnolia House Forresters Beach trading as Magnolia House ABN 73 514 255 610 (Magnolia House, we, us, our). The term ‘you’ refers to the user or browser of the Website. and in the context of bookings for Magnolia House's premises means the guest making the booking or all guests in respect of the booking.

Our Principles of Information Protection

Transparency: We are committed to being open, honest and transparent about Personal Information.

Trust: We agree only to use Personal Information for the purposes we say we will and for improving the effectiveness and efficiency of our Services as described or provided in and/or contemplated by this Website.

Safety: We are committed to keeping Personal Information provided to us secure.

Responsibility: We accept the responsibility of handling Personal Information.

What Information Do We Collect?

When you visit our Website or use our Services including making a booking for the Magnolia House’s premises, we collect Personal Information. The type of Personal Information we collect will depend on the circumstances of its collection and the nature of your dealing with us. This Personal Information may include but is not limited to your name, contact details, date of birth, credit and financial information, bank account details, passport or drivers licence details, any medical or allergy information, and preferences and opinions about our Services.

If you make a booking certain Personal Information will also need to be collected in relation to all guests, not just the guest making the booking.

During any period in which public health and related Australian State and Federal Government regulatory and legislative obligations, orders, directions and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) apply to any stay at Magnolia House's premises, Magnolia House may request that all guests provide a declaration as to their health and exposure to any pandemic or other illness including COVID-19 which is the subject of the applicable Public Health Laws, as a prerequisite for completing check-in. All Personal Information provided will be

subject to this Privacy Policy.

Sensitive Information

Sensitive information includes information about an individual’s mental and physical health, disability, racial or ethnic origin, criminal convictions, religious affiliation and political affiliation. We will only collect, use or disclose your sensitive information if it is reasonably necessary to carry out our functions or activities, and we have your explicit consent.

Provision of Personal Information under the declaration in connection with Public Health Laws referred to above is considered to be given with explicit consent. This Personal information will be used to determine whether there is any significant risk or if it is not safe to permit guests to commence their stay under a booking for the premises.

The Ways We Collect Your Personal Information

Information you provide to us directly: When you visit or use some parts of our Website and/or Services we might ask you to provide Personal Information to us when you complete an enquiry form, respond to an email offer or to receive a newsletter or participate with us on social media forums. Where appropriate, you will be asked to enter your name, email address, mailing address and/or phone number as well as provide other Personal Information to enable us to provide the Services and give you access to our premises. This will include requests to provide Personal Information to make a booking and as part of our guest registration requirements. On check-in the declaration in connection with Public Health Laws referred to above will be required from all guests. By providing the requested Personal Information you are giving this information to us voluntarily and giving us consent to use, collect and process this Personal Information.

Information we collect automatically: We collect some information about you automatically when you visit our Website or use our Services, like your IP address, device ID, computer and connection information, geo-location information and device type. We also collect information when you navigate through our Website and Services, including what pages you looked at and what links you clicked on. This information gives us a better understanding of how you are using our Website and Services so that we can continue to provide the best experience possible, for example, by personalising the content you see.

Cookies: Some of this information is collected using standard cookies and similar tracking technologies. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enable the website or service provider’s systems to recognise your browser and capture and remember certain information. We use cookies to keep track of advertisements and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future.

We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. If you prefer, you can choose to disable cookies through your own web browser’s settings or have your computer warn you each time a cookie is being sent. Please note disabling this function may cause some of the features on this Website not to work as well as intended; however, you can still contact us via telephone to obtain our Services.

Information we get from third parties: At times we might collect Personal Information about you from other sources, such as publicly available materials or trusted third parties like our marketing and research partners. If so, we use this information to supplement the Personal Information we already hold about you, to better inform, personalise and improve our Services and to validate the Personal Information you provide.

Where we collect Personal Information, we will only process it to perform a contract with you, to make a booking with you, where we have legitimate interests to process the Personal Information and those interests are not overridden by your rights, in accordance with a legal obligation or where you have provided your consent. If we do not collect your Personal Information, we may be unable to provide you with all our Services, and some functions and features on our Website may not be available to you.

How We Hold Your Personal Information

We hold your Personal Information in encrypted electronic forms, in secure databases or cloud-based platforms that we own and operate or that are owned and operated by our service providers. While we take reasonable steps to protect the security of your Personal Information, data protection and security measures can never be guaranteed. We therefore cannot guarantee the security of your Personal Information.

What Do We Use Your Personal Information For?

We mostly use your Personal Information to operate our Website, provide you with any Services you have requested, including making available our premises for short-term rental pursuant to your booking and entering into a Short-Term Rental Agreement with you for the booking, and to manage our relationship with you and provision of our Services to you. We also use your Personal Information in the following ways:

To communicate with you: We may provide you with information you have requested from us or information we are required to send to you and to respond to your enquiries, comments and applications and bookings.

We may communicate with you about changes to our Website and Services, security updates or for assistance with using our Website and Services. We may communicate about and administer our products, Services, events, online webinars, podcasts, programs and promotions (such as by sending transactional emails if you have made purchases).

We may send you marketing materials we think you may be legitimately interested in, to ask you for feedback or to take part in any research we are conducting (which we may engage a third party to assist with).

To personalise your experience: Your Personal Information helps us to better respond to your individual needs and any booking for our premises.

To enhance our Website and Services and develop new ones: By carrying out technical analysis or the tracking and monitoring of the use of our Website and Services, we can improve and optimise your user experience.

To support you and improve customer service: Your Personal Information helps us to more effectively respond to your customer service requests and support your needs whether as a user of our Website or a guest at our premises.

To administer a contest, promotion, survey or other site feature.

To protect you: So that we can make sure everyone is using our Website in accordance with our permitted uses, and so we can detect and prevent any fraudulent or malicious activity.

To market to you: In addition to marketing communications, we may also use your Personal Information

to display targeted advertising to you online. Through our own Website, through third-party websites or through social media platforms, we carry out profiling activities to learn more about you and offer you tailored advertising based on your behaviour on our platforms. You can opt-out of Google Analytics® at any time. For more information on opting out of being tracked by Google Analytics® across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

To analyse, aggregate and report: We may use the Personal Information we collect about you and other users of our Website and Services (whether obtained directly or from third parties) to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties. We may also use aggregated information to improve our Services.

To send periodic emails: The email address you provide may be used to send you information and updates pertaining to any order you may have made or Services you may have used or related services, in addition to sending you occasional Magnolia House news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

The legal basis for processing your Personal Information as described above will typically be one of the following:

(a)your consent;

(b)performance of a contract with you or a relevant party; or

(c)our legitimate business interests or compliance with our legal obligations.

Security: How Do We Protect Your Personal Information?

Security is a priority when it comes to your Personal Information. We are committed to protecting the information you provide us. To prevent unauthorised access or disclosure, to maintain data accuracy and to ensure the appropriate use of Personal Information, we have put in place appropriate physical and managerial procedures to safeguard the information we collect.

We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see either the symbol of an unbroken key or closed lock (depending on your browser) on the bottom of your browser window. However, we cannot guarantee that your Personal Information will always be secure due to technology or security breaches. If we become aware of a high-risk data breach, we will notify you (and the appropriate authority) within seventy-two (72) hours.

How We Can Share Your Personal Information

We may share your Personal Information with third parties whom we trust, whom we are affiliated with and whom we are required to provide it to for the purpose of fulfilling our Services to you, including our online booking system. We do not sell, trade or otherwise transfer your Personal Information to outside parties. However, we may sell, trade or otherwise transfer your Personal Information to third parties who assist us in operating our Website, conducting our business or servicing you, so long as those parties agree to keep such Personal Information confidential. For example, third-party service providers and partners who assist us with the functionality of the Website or Services or to deliver, market or promote our goods and Services to you.

We may use third-party browser and mobile analytics services like Google Analytics® on the Website. These services use tools to help us analyse your use of our Website including information like the third-party website you arrive from, how often you visit, events within the Platforms, usage and performance data and purchasing behaviour. We use this data to improve the Website and provide information,

products and Services that may be of interest to you. We may also release your Personal Information when we believe release is appropriate to comply with the law, enforce our site policies or protect our or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses. We may be required to provide your Personal Information to regulators, law enforcement bodies, government agencies, courts or other third parties where it is necessary to comply with applicable laws or regulations or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure. Your Personal Information may be shared with an actual or potential buyer (and its agents and advisers) in connection with an actual or proposed purchase, merger or acquisition of any part of our business. We will only disclose your Personal Information to other third parties where we have obtained your consent. Direct marketing Direct marketing means using your Personal Information to contact you via the phone, SMS or email to promote our Services. You acknowledge that by providing us with your Personal Information, we, our related entities and/or business partners may contact you to promote and market our respective products and Services. You can opt-out from being contacted by us, our related entities or business partners for direct marketing by emailing us at info@magnoliahouse.online at any time to receive a Personal Information Request or Preference Update Form, or you can follow the unsubscribe instructions contained in the email communication. Data Controller and Data Processors We are the data controllers as we are collecting and using your Personal Information. We use trusted third parties as our data processors for technical and organisational purposes, including for payments and email marketing. We make all reasonable efforts to ensure our data processors are GDPR-compliant. International Data Transfers In order for us to provide products and our Services to you, your Personal Information will be collected and processed in Australia. By providing us with your Personal Information, you consent to us using third parties located overseas to store your Personal Information and acknowledge Australian Privacy Principle 8.1 does not apply to any such use. When we share data (to the extent that we do from time to time), it may be transferred to, and processed, in countries other than the country you live in. Where data is shared with third-party data processors in other countries, we put reasonable safeguards in place to ensure your Personal Information remains protected. However, we note that your Personal Information will be captured, transferred, stored and processed in accordance with their policies, practices and in compliance with their local regulatory laws. For those in the European Union (EU), this means that your data may be transferred outside of the European Economic Area (EEA). Countries outside of the EEA do not always offer the same levels of protection to your Personal Information so European law has prohibited transfers of Personal Information outside of the EEA unless the transfer meets certain criteria. Whenever we transfer your Personal Information out of the EEA, we do our best to ensure a similar degree of security of the data.

Where your Personal Information is transferred outside the EU, it will only be transferred to countries that have been identified as providing adequate protection for EU data or to a third party where we have approved transfer mechanisms in place to protect your Personal Information. If we use US-based providers that are part of the EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time. Anti-Spam Policy We will always provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the bottom of all emails or by emailing us at info@magnoliahouse.online. We will not share your email address without your consent. Third-Party Websites We may provide links to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Information. Children’s Online Privacy Protection Act Compliance and Minors We do not knowingly collect any personally identifiable information from anyone under sixteen (16) years of age online in compliance with COPPA (Children’s Online Privacy Protection Act (USA)), the Australian Privacy Act 1988 (Cth) and the GDPR (General Data Protection Regulation of the European Union). Under our Website Terms and Conditions if you are under the age of eighteen (18), you must ask your parent or guardian for permission to use this Website. Bookings are only permitted to be made by persons aged twenty-one (21) years or older. Limited Personal Information, including the name, date of birth, contact details and any medical or allergy information, about minors aged under eighteen (18) years is required to be provided by the guest making the booking as part of our guest registration procedures for a stay at our premises. However, this Personal Information will be subject to this Privacy Policy. Retention We will retain your Personal Information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we will make sure it is deleted or is converted to aggregate data. Your Consent By using our Website, making a booking and using our Services, you consent to our Privacy Policy in relation to all your Personal Information. Your Rights You have the right to ask us not to send you marketing emails at any time by emailing us at info@magnoliahouse.online to receive a Personal Information Request or Preference Update form, or

you can simply follow the unsubscribe instructions contained in the email communication.

You have the right to know what Personal Information we hold about you, and to make sure it is correct and up to date.

You have the right to request a copy of your Personal Information or ask us to restrict processing your Personal Information or delete it.

You have the right to object to our processing of your Personal Information.

You have the right to ‘be forgotten’ and request we erase your Personal Information.

You can exercise these rights at any time by sending an email to k.s.rattenbury@gmail.com and we will respond to you within thirty (30) days.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one (1) month. Occasionally it may take us longer than one (1) month if your request is particularly complex or you have made several requests. In this case, we will notify you.

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page.

Contacting Us

If you have any questions regarding this Privacy Policy or wish to contact us about what Personal Information we hold about you or you have feedback for us on our Privacy Policy, our Website or Services, you can contact us at any time at k.s.rattenbury@gmail.com.

If you wish to make a complaint you can email us at k.s.rattenbury@gmail.com. We will review and investigate your complaint and get back to you.

You can also submit a complaint to the Privacy Commissioner or local authorities, which will advise you how to submit a formal complaint.

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Website Terms and Conditions

TERMS AND CONDITIONS

The website at https://www.magnoliahouse.online/ and all associated digital platforms, social media accounts and mobile applications (together, Website) and the Website’s contents, products, materials and services are owned, operated and provided by Magnolia House Forresters Beach trading as Magnolia House ABN 73 514 255 610 (Magnolia House, we, us or our). The term ‘you’ refers to any user or browser of the Website or purchaser of our Services.

The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern and explain how you may use the Website and the Website Services.

It is important that you read and understand these Terms and Conditions. By accessing any information on our Website or using the Website Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing the Website or are using the Website Services (together, users).

You acknowledge and agree that the use of the Website and Website Services is at your own risk and that using the Website and Website Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Services may be terminated in accordance with the provisions below.

If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Website Services. Please note that you cannot make a booking for our short-term rental accommodation unless you are at least twenty-one (21) years old.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Website Services.

1. WEBSITE PERMITTED USE

Magnolia House prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Website Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere with or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Website Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes Magnolia House’s rights or the rights of others.

You may not use the Website or Website Services, or any part of them, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Website Services, or any other communications provided by us for your personal use, or in a manner not permitted by the Terms and Conditions.

2. OUR ACCOMODATION SERVICES AND SERVICES DISCLAIMER

Our Website aims to offer and provide you with information about our short-term rental accommodation at our property located at 1a Alistair Avenue or 982 The Entrance Road, Forresters Beach 2260, New South Wales, Australia (Property). Information about how to contact us, make a

booking and find out more about Property and short-term rentals of the Property (Accommodation Services) is available on the Website.

The information, content and material contained in or made available through the Website and Website Services are provided for general information purposes only. None of the content on this Website represents or warrants that the Website Services or Accommodation Services are appropriate or effective for you.

To the extent that we provide any explicit or implied recommendations of any Website Services or Accommodation Services, such recommendations are only general and not specific to any situation. The information we provide is not intended to be a substitute for professional financial or legal advice, nor do we claim to be an expert in any specific commercial field.

All information provided by us is provided in good faith, though we make no guarantees of any specific results or outcome from the use of the Website or Website Services or Accommodation Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Website Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.

Our Website Services and Accommodation Services, subject to any formal agreement we have with you, may be subject to change without notice. We reserve the right at any time and without notice to modify or discontinue any Website Services and/or Accommodation Services and we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any Services. Subject to law, we reserve the right to limit the sales of our Website Services and Accommodation Services to any person, region, or jurisdiction. All descriptions of our Website Services, Accommodation Services and pricing on our Website are subject to change at any time without notice, at our sole discretion.

Testimonials, Endorsements and Affiliates

Testimonials (visual and written) and any publicity materials displayed on our Website are examples of real experiences and opinions of people's experiences with us, our Website, Website Services and/or Accommodation Services and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar experiences though Magnolia House endeavours to ensure every guest is reasonably satisfied.

We may refer to third-party products, services, experts, and other third-party service providers on the Website. Any such reference is not intended as an endorsement or statement that the information provided by the third party is accurate. We make no warranties as to the suitability or reliability of third-party service providers nor give any guarantees as to the outcome or results of their products or services. It is your responsibility to conduct your own research and make your own determination about any such products, services, experts, and other service providers.

We may participate in affiliate marketing and may allow affiliate links to be included on our Website. This means that we may earn a commission if and when you click on or make purchases via affiliate links. We will inform you when one of the links on our Website is an affiliate link and will only affiliate with products, services, experts and other third-party service providers that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation,

reference or information provided by us and will conduct your own research and rely upon your own research in deciding whether to purchase the affiliate product or service.

3. CODE OF CONDUCT

In providing its Accommodation Services, Magnolia House abides by the NSW Code of Conduct for the Short-term Rental Accommodation Industry (as amended from time to time) (the Code) which can be accessed on the NSW Fair Trading website.

The Code sets minimum standards of behaviour and requirements not only for booking platforms, letting agents and facilitators, and hosts, but also for guests. Guests must comply with the Code, criminal and planning laws, the terms of their Short-Term Rental Agreement and other applicable laws. Under the Code, Guests have obligations to neighbours in relation to the use of the Property and personal and other property at the premises and are responsible for their visitors. The Code requires guests to behave responsibly during their stay. Loud yelling, screaming, cheering and aggressive behaviour is not acceptable and may result in the early termination of your stay if a complaint is received.

We therefore recommend that guests ensure they have read and are familiar with their obligations under the Code before making a booking or commencing their stay at the Property.

4. BOOKINGS AND BOOKING ENQUIRIES

By making an enquiry, making a booking via our online booking system, accessing information or otherwise using our Website Services or Accommodation Services, you will be added to our email list. If you do not want to remain on our database, you can follow the instructions on the form to update your subscription or data preferences or unsubscribe from our email communications or email us at any time at info@magnoliahouse.online.

You agree all information you provide to us through the Website and to us directly will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Website Services. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

Booking enquiries may be sent to Magnolia House via info@magnoliahouse.online. Submitting a booking enquiry does not secure your booking and all bookings must be made through Magnolia House’s online booking system via Airbnb or Stayz (or such online booking system which we may use from time to time) (Online Booking System).

5. BOOKINGS AND SHORT-TERM RENTAL AGREEMENT

Guests are recommended to make themselves fully aware of the terms and conditions of our Short-Term Rental Agreement available on the Website before making a booking.

Once a booking has been made, you will not be permitted to transfer your booking into another person’s name or change the commencement date or duration of the booking.

There is a maximum number of guests for the Property as indicated on the Website. If the number of guests at the Property exceeds the maximum number stipulated, you may incur a fee in accordance with our Schedule of Costs and we shall be entitled in our discretion to immediately terminate your booking and your stay at the Property.

By using Magnolia House’s Online Booking System, you agree to their terms and conditions.

By making a booking via our Online Booking System, you, for yourself and also on behalf of all other guests:

(a) acknowledge you have e read and agree to be bound by these Terms and Conditions and our Short-Term Rental Agreement; and

(b) represent and warrant that you are at least twenty-one (21) years old and that you are aware of any age restrictions relevant to your booking or imposed by external service providers. If a third party is making the booking on your behalf you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.

You agree and acknowledge that all information you provide to us through the Online Booking System will be true, accurate, current and complete including your title, name, age, gender, address, telephone number and identification details. All personal information will be handled in accordance with our Privacy Policy.

If Magnolia House reasonably believes that the information you have provided is false, inaccurate or misleading to the potential material detriment of Magnolia House, it may in its sole discretion suspend your booking pending resolution of the issue, or terminate your booking and your access to the Property, in which case no refund of any amounts will be payable to you.

The Property is not permitted to be used for schoolies, parties, functions and large group gatherings and persons under the age of twenty-one (21) are not permitted to make bookings. If you breach these restrictions Magnolia House may cancel or terminate your booking and no refund of any amounts will be payable to you, and if your booking has commenced you may be liable to pay additional amounts under our Schedule of Costs.

Bookings may only be varied and cancelled in accordance with the terms and conditions of our Short-Term Rental Agreement and are subject to minimum notice periods. If you cancel your booking after that time, any deposit and accommodation fees you have paid will not be refundable and we will be entitled to an administration fee. Please refer to the Short-Term Rental Agreement for further details.

Under the Short-Term Rental Agreement, any breach by guests may result in liability for additional fees as outlined in the Schedule of Costs and other associated consequences, including termination of the booking and your stay without any right to receive a refund.

Magnolia House will not be liable for any losses, costs and/or expenses incurred by guests as a result of, directly or indirectly, or in connection with the termination of a booking

6. FORCE MAJEURE AND PUBLIC HEALTH CANCELLATION OF BOOKINGS

Magnolia House may vary or cancel your booking due to force majeure, terrorism, natural disasters, pandemics, political instability, or other external events making it impractical, unsafe, or unviable for Magnolia House to uphold the booking. Where the booking has been varied or cancelled, we will where feasible use our best endeavours to provide alternative accommodation that is, as far as practical and possible, substantially the same as or similar to our Property, or voluntarily offer you the right to cancel or change the booking.

You may request Magnolia House to reschedule the commencement date of your booking to another date within twelve (12) months or cancel your booking if you are unable to commence the booking in order to comply with public health and related Australian State and Federal Government regulatory and legislative obligations, orders, directions and restrictions (including those in relation to COVID-19 or any comparable pandemic) (Public Health Laws) or because of the direct impact of Public Health

Laws on your ability to use your booking, as long as you provide reasonable evidence in support if requested. Magnolia House will have the discretion to agree to reschedule your booking (subject to availability). Magnolia House will consider any requests for cancellation made with less than the minimum period of notice on a case-by-case basis and if we agree to cancel a booking in these circumstances, we will retain your deposit and the full amount of the accommodation fees paid.

To enable Magnolia House to comply with Public Health Laws, we also have a right to vary or cancel bookings in our discretion if we are affected by Public Health Laws or any health alerts or guidelines in connection with Public Health Laws including COVID-19. Magnolia House may offer you the opportunity to reschedule the commencement date of your booking to another date within twelve (12) months or may cancel the booking in which case you will receive a refund of all amounts paid less an administration fee.

Please do not check-in or commence your stay if you or any of your guests are unwell. If Public Health Laws apply to your stay, we may ask all guests to provide a declaration at check-in as to their health and exposure to any illness (including COVID-19) which is the subject of the Public Health Laws. Magnolia House has the right to cancel your booking if any guest refuses to give the declaration or the responses to any given declaration means it is not, or there is a significant risk that it is not, safe to permit you and your guests to stay at the Property, if at the time of check-in or any time during your stay it reasonably appears to or is known by any Magnolia House staff that any guest displays or has flu-like symptoms, appear to be or are unwell or express that they are feeling unwell with any respiratory or flu-like illness, or if it becomes known to Magnolia House that any guest has breached any Public Health Laws which directly or indirectly puts Magnolia House or any person at the property at risk. In such circumstances you will not be entitled to any refund of any amounts you have paid, and you will have to pay any additional fees incurred.

You acknowledge the necessity for cancellations and variations due to Public Health Laws may arise from time to time and any offers of compensation, refunds or claims in respect of any such variations or cancellations will be limited to those outlined in the Short-Term Rental Agreement. Under these circumstances, we will not be responsible for any incidental expenses that you may have incurred as a result of, directly or indirectly, or in connection with the booking.

We reserve the right to refuse or grant refunds for the Accommodation Services pursuant to the Australian Competition and Consumer Act 2010 (Cth). Any requests for refunds must be detailed in writing and will only be considered when options for remedies or replacements have been exhausted.

7. ASSUMPTION OF RISK

The use of the Property, facilities and any equipment at the Property by you, your guests and visitors, is at your own risk.

You hereby waive and release, indemnify, hold harmless and forever discharge Magnolia House and its current and/or former agents, employees, officers, directors, affiliates, successors and trustees from and against any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to your usage and that of your guests and visitors of any facilities and equipment and/or your stay and usage of the Property and that of your guests and visitors, and any activities that you or your guests or visitors may partake in or have partaken in at the Property, provided that the waiver of liability will not apply to any acts of gross negligence or intentional or wilful misconduct by Magnolia House.

You assume all risk and take full responsibility for all personal injury, sickness, disease (including but not limited to contracting or spreading infectious diseases), death for any reason, damage to and loss

of personal property and losses of all kinds whatsoever arising out of, attributable to, caused by, or resulting from the usage of equipment at the Property (including sporting and leisure equipment), the Property and any part of it and all facilities at the Property and all guests’ stay at the Property, which may include but is not limited to using the Property or any part of it in any manner, and participating and/or engaging in any activities at the Property.

8. CHANGES TO OUR SERVICES, PAYMENT AND PRICING

Our Website Services and, subject to any Short-Term Rental Agreement we have with you, our Accommodation Services may be subject to change without notice. We reserve the right at any time and without notice to modify or discontinue any Website Services and Accommodation Services and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any Website Services or Accommodation Services. Subject to law, we reserve the right to limit the sales of our Accommodation Services to any person, region, or jurisdiction. All descriptions of our Website Services and Accommodation Services and pricing on our Website are subject to change at any time without notice, at our sole discretion.

Subject to our Short-Term Rental Agreement with you, you will only be permitted to check-in if you have provided a security bond by direct deposit by EFT and have paid our accommodation fees in full.

The full fee is payable no later than four (4) days before the commencement date of the stay by direct deposit by EFT. Subject to our Short-Term Rental Agreement with you, all fees are payable by via the online booking system.

Transactions are processed in AUD figures. GST shall be applied where applicable. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds and/or delivery related to your purchase, are solely between you and that third party. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

Security Bond

All bookings require a refundable security bond to be provided by direct deposit by EFT, no later than four (4) days before your stay commences.

By paying the security bond, you irrevocably agree that Magnolia House is permitted, and you authorise Magnolia House, to claim against or charge from the security bond at any time without prior notice to you, all outstanding and/or additional fees and any costs that Magnolia House is entitled to be paid under the Schedule of Costs in relation to your stay at our Property, including the cost of any damage to our Property and the cost of any required repair or replacement for all breakages or damage to, or loss of, any of the facilities, equipment and other items provided at the Property, in accordance with the Short-Term Rental Agreement (Additional Costs).

Any balance remaining of the security bond will be refunded (if applicable) within three (3) days after check-out provided any final deduction has been made, or any pre-authorised amounts will automatically lapse in accordance with the terms of your credit card provider. Any amounts owing to Magnolia House which are not satisfied from out of the security bond will be invoiced for the additional amounts which will be payable within 48 hours of the date of the invoice and/or as otherwise provided in the invoice.

We will provide you with details of all amounts deducted from the security bond and/or charged to your credit card (as applicable) no later than 48 hours after the date of check-out

Credit Cards, Chargebacks and Payment Security

We accept credit card payments for the Accommodation Services via the payment-processing merchant. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless it is caused by our fraud or negligence for which we are responsible. To the extent that you provide us with your credit card(s) information for payment, we shall be authorised to charge your credit card(s) for any prior unpaid charges. You shall not make any chargebacks to our account or cancel the credit card that is provided as security, without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. Magnolia House reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

Gateways and Merchants

We may use a payment-processing merchant for purchases and payments or a payment platform for which you may be directed off-site. By purchasing the Accommodation Services, you agree to comply with these terms of purchase as well as those provided by any such payment-processing merchant or payment platform. We (or our payment-processing merchant) may securely collect personal information obtained during your purchase or transaction for the Accommodation Services. You acknowledge that if we cannot collect this personal information and other personal information as requested, we will not be able to process your purchase and/or provide you with some or all of our Accommodation Services. For more information, please refer to our Privacy Policy.

We reserve the right to change our preferred payment gateway from time to time and without notice.

9. CHILDREN AND CONDUCT AT THE PROPERTY

Children

Persons under the age of twenty-one (21) are only permitted as guests. If they are accompanied by their parent, legal guardian or an authorised responsible adult. Children between the age of twelve (12) and eighteen (18) must be supervised at the Property by a responsible adult at all times.

Accommodation prices for children are included in the standard rate and refer to using existing bedding.

You are responsible for ensuring that children are supervised at all times while at the Property during your stay. Magnolia House is not responsible for the safety or wellbeing of any person including children.

Guest Conduct

Guests will be required to adhere to the noise, good neighbour and other obligations set out in the Short-Term Rental Agreement during their stay and whilst at the Property. Guests who are found to be breaching the terms of our Short-Term Rental Agreement may have their booking cancelled and be asked to leave the Property at Magnolia House’s discretion. In such circumstances, there may be no entitlement to payment of any refund under the terms of the Short-Term Rental Agreement.

10. REVIEWS AND ONLINE COMMUNITY GUIDELINES

The Website and our other digital platforms, mobile applications, and social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website or is in any way connected with the Website, Website Services and Accommodation Services including any stay at the property.

Reviews and social media posts

Magnolia House encourages its guests to tag @magnoliahouse_forrestersbeach when posting during their stay and unless expressly requested not to, Magnolia House may also tag its guests.

If guests provide Magnolia House with images of themselves or others taken during their stay at our Property, unless they expressly object, they agree to release and hold Magnolia House harmless from any liability in relation to the images which it may use for its marketing material or promotional purposes.

If guests experience any issue or problem during their stay, if the issue or problem relates to:

(a) alleged contraventions of the Code, criminal law, or civil penalty provisions, or planning laws by Magnolia House, it must be addressed through the proper process outlined in section 3 of the Code; or

(b) other matters, it must be resolved via an internal dispute resolution process and subject to obligations of confidentiality under the Short-Term Rental Agreement. Guests must allow Magnolia House the opportunity to rectify the situation before leaving negative reviews in the public domain which may be damaging to the reputation of Magnolia House.

Under the Short-Term Rental Agreement, guests are prohibited from publishing reviews on any public forum if the booking has been terminated for breach and must raise any disputes and provide feedback directly with Magnolia House. The dispute and/or feedback may be subject to obligations of confidentiality.

General community guidelines

It is essential to ensure that all our members of our community adhere to our community guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate any content or incite any behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. Magnolia House prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user

account on social media or any other platform for anyone other than yourself. You must not pretend that you are or that you represent someone else or impersonate any other individual or entity for any purpose.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time, we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current, and complete, we may suspend or terminate their access to the community, refuse future use of the Website Services and inform the relevant authorities where appropriate. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone, or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

11. THIRD-PARTY LINKS

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent, or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Website Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services, or resources.

12. MAINTENANCE

Magnolia House is responsible for the support and maintenance of the Website. We may, at any time and without notice, modify, suspend, or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Website Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors, and therefore we do not guarantee the availability of the Website at all times or at any specific times.

13. PRIVACY AND SECURITY OF INFORMATION

Our Website and Website Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Website Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

14. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE

You acknowledge and agree that the Website and the Website Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.

You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Website Services (and/or any associated usernames/passwords, if applicable) you purchased to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.

Magnolia House respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Website Services is the original content of Magnolia House, or is otherwise provided with the relevant owner’s or owners’ consent and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to them or it.

These Terms and Conditions do not transfer any of our intellectual property rights to you or any third parties. You are granted no rights with respect to or license of our trademarks, service marks and logos, used in connection with the Website Services and Website. All intellectual property displayed on the Website has been provided, where applicable, with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights for the commercial use or distribution of any names, logos or trademarks, without the express written agreement of the relevant owners.

We may, from time to time, monitor your use of the Website or Website Services to determine if you are in breach of these Terms and Conditions. If you infringe our intellectual property rights or the rights of any third party, we have the right to suspend access to or terminate your use of the Website or Website Services, and to report you to the relevant authorities or take any actions as appropriate or necessary.

15. TERMINATION OF WEBSITE USE

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Website Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms and Conditions or any related policies;

(b) where at any time you have committed any act of wilful or serious misconduct;

(c) if you fail to pay any fees or payments or expenses properly payable to us for our Website Services by the stipulated due date;

(d) where you have created a risk or possible exposure for us;

(e) where there are unexpected technical issues or problems;

(f) at the request of law enforcement or any government authority; or

(g) upon a request by you.

If you have entered into a Short-Term Rental agreement for our Accommodation Services with us, please refer to the agreement in relation to our rights of termination of the Accommodation Services and consequences of termination.

16. DISPUTES

In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so they will agree upon another method to resolve the dispute

in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged. If the parties do not resolve the dispute or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternative method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.

17. WARRANTIES AND LIABILITY

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.

IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, AND, IN THE CASE OF WEBSITE SERVICES, AT OUR OPTION, THE SUPPLYING OF THE WEBSITE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE WEBSITE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND/OR MAKE THE WEBSITE SERVICES UNAVAILABLE FOR INDEFINITE PERIODS, SUSPEND OR CANCEL THE SERVICES AT ANY TIME OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE AND WEBSITE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND WEBSITE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR WEBSITE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS AGAINST US RELATING TO THE WEBSITE SERVICES EXCEED THE GREATER OF ONE HUNDRED AUSTRRALIAN DOLLARS (A$100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST TWELVE (12) MONTHS.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED TO US BY YOU IN CONNECTION WITH THE WEBSITE AND WEBSITE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

18. WAIVERS AND INDEMNITY

BY USING THE WEBSITE AND WEBSITE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR MISUSE OF THE WEBSITE OR WEBSITE SERVICES OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND, LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR WEBSITE SERVICES OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.

19. GOVERNING JURISDICTION

The laws of New South Wales, Australia govern these Terms and Conditions and any access to or use of our Website Services. You irrevocably agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.

20. GENERAL

These Terms and Conditions constitute the entire agreement concerning your use of this Website and the Website Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Website Services.

We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Website Services.

Please check these Terms and Conditions regularly before using our Website and Website Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.

If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right:

(a) to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and

(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.