Terms and Conditions for UseROSS.com
Please read the following terms and conditions carefully and print off a copy for your files:
1. This agreement commences on the date you agree to these terms & conditions and will continue until no services are being provided. You
will be deemed to have accepted these terms from the date on which your property(s) are placed on the UseROSS website.
(a) You will maintain accurate and up to date information about your properties submitted and accepted by us (in our discretion) on UseROSS.com including details about:
o Gross rates (including GST and all applicable taxes and commissions)
o Correct Rate Racks (Full Rate)
o All applicable conditions including but not limited to booking conditions
o Cancellation policy
o Property facilities
o Your details, including but not limited to email addresses, bank account details, location and contact numbers
o Anything that affects or will affect your property in any material way that could be an inconvenience to customers or cause customers to be misled. Examples of this are (without limitation) closure of swimming pools, restaurants or other guest facilities, and refurbishment or renovations on or near your property, weather conditions or other Acts of God known to you.
Such information will be maintained in the form and manner that we require and may be updated or corrected where deemed necessary by UseROSS.
(b) You will also provide us with copies of or access to images, collateral material and/or brochures from time to time in relation to your properties which you acknowledge and agree may be used and relied upon by us and by any third parties that we engage to assist us in marketing, promoting and selling your product. Copies of or access to such images, collateral material and/or brochures shall be provided by you to us from time to time during the term of this agreement and shall be provided at no cost to us. You further represent and warrant to us and any third parties to whom we provide such material, that any images, collateral material and/brochures which are provided by you or to which you provide us with access from time to time, regardless of the form or format of such material, are complete, accurate and up to date and that by providing them (or access to them) to customers, we will not be misleading or deceiving them in any way.
(c) UseROSS accepts no liability for incorrect or misleading information provided by the UseROSS website regarding your advertised product. All facility and room information, photos, rates and allotment and availability information is to be kept up to date by you and/or by your chosen representative, In any instance, in particular booking issues, whereby information provided by the UseROSS website is deemed by us, or considered by our customers, to be misrepresentative of actual services available or provided, UseROSS reserves the right to withhold services until said issues are satisfactorily resolved.
3. You will ensure that your information technology systems are at all times compatible with the UseROSS.com on-line channel manager system and
capable of taking bookings online through the UseROSS system.
4. You will honour all bookings made at your properties through UseROSS in accordance with the representations you make to the customer and upon
presentation of either a printed voucher, an e-mail advising the customer of confirmation of booking or booking number.
5. To the extent permitted by law, you agree to indemnify us, our agents, employees and contractors against any claim, demand, liability, loss (including loss of profits and consequential losses), proceedings, fines, expenses or costs of any kind howsoever caused, suffered or incurred, including those resulting from or connected with:
o Your breach of this agreement or any express or implied warranty;
o Any error or misdescription in information provided to us or through the UseROSS website;
o The availability or quality of the services and products you provide to customers;
o Any information you provide to us or through the UseROSS website breaching the intellectual property rights of any third party;
o Loss of, damage to or theft of property. Loss of life, injury, or loss of enjoyment, in connection with the services;
o Any external administration you may be subject to;
o Your use of the UseROSS website(s) or any information you include on the UseROSS website(s); and
o Your non-compliance with any laws, regulations or standards including but not limited to, those relating to health and safety.
6. You will advise us within 7 days if you sell your business or if your ownership changes. Prior to finalizing the sale you will pay any money
owing to us and secure an agreement with the purchaser to be bound by this agreement. For the avoidance of doubt, a change of control will be
considered a change of ownership.
7. You will allow us to sell under the terms of this agreement any of your services on UseROSS to any third party.
8. You will keep the terms of this agreement confidential.
9. You will advise us immediately if you become subject to external administration of any kind, including the appointment of a receiver or
liquidator. You consent to us informing travel agents and prospective customers that you are under external administration.
10. You will advise us immediately if you become subject to external administration of any kind, including the appointment of a receiver, administrator or liquidator. You consent to us informing travel agents and prospective customers that you are under external administration.
11. We may at any time suspend from sale services relating to any or all of your properties in our absolute discretion.
2. We may terminate this agreement immediately by giving you written notice if:
o You become insolvent or subject to external administration, enter into liquidation or enter into a scheme of arrangement with your creditors;
o You breach the terms of this agreement;
o We do not consider your performance under this agreement or the level of sales or quality of service to be satisfactory.
12. This agreement does not create any legal relationship of partnership or joint venture. You appoint us to act as your agent to sell product on
your behalf to members of the public.
13. You release us from all, and waive all rights to commence proceedings or take any other action against us arising out of any claims, actions,
demands, proceedings and liability which you may have or claim to have or but for this release and waiver might have had against us for any failure to
perform our obligations under this agreement due to any cause reasonably beyond our control including the unavailability of the UseROSS System.
14. This agreement is governed by the laws of Queensland and the parties submit to the jurisdiction of the Queensland courts.
15. If you are a management entity or other agent of the operator of the properties you submit for acceptance by us under clause 2, you represent and warrant:
o That you have the authority of the operator to enter into this agreement;
o Both you and the operator have and will continue during this agreement to have the authority and ability to perform the obligations of this
16. Subject to an express agreement to the contrary, this agreement supersedes and takes precedence over any other agreement made online or
electronically with you in relation to UseROSS - even if that agreement is made after this agreement.
17. A waiver by either party in respect of any breach of a provision of this agreement must be in writing. Such a waiver will not be deemed to be a waiver in respect of any continuing or subsequent breach of that provision, or breach of any other provision. The failure of either party to enforce at any time any of the provisions of this agreement will in no way be interpreted as a waiver of such provision.
18. We have the right to amend or modify this agreement at any time during the term by providing You with written notice.
19. In this agreement:
You, Company means the company or other entity agreeing to this agreement.
We / Us means and includes Rooms on Standby Services PTY LTD, ACN 123 187 413 trading as UseROSS.
UseROSS, UseROSS website or UseROSS.com means the UseROSS online channel manager system whether operating under the UseROSS brand or otherwise.
Availed means that a booking has been stayed and completed.
The plural includes the singular and vice-versa.