Terms of Service

    1. Agreement to Terms

    By accessing and using this website, you agree to be bound by these Terms of Service and all applicable Australian laws and regulations, including the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). If you do not agree with any of these terms, you must not use or access this site. The materials contained on this website are protected by applicable copyright and trademark law under the Copyright Act 1968 (Cth).

    2. Use License

    a. Grant of License

    Permission is granted to temporarily download one copy of the materials (information or software) on this website for personal, non-commercial transitory viewing only. This constitutes a grant of a license, not a transfer of title. Under this license you must not:

    • modify or copy the materials;
    • use the materials for any commercial purpose or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on the website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or "mirror" the materials on any other server.

    b. Termination

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

    3. Consumer Guarantees

    Important Notice: Under the Australian Consumer Law, you have certain rights and guarantees that cannot be excluded. Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

    Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and to a refund, or to compensation for the drop in value below the price paid. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

    4. Disclaimer

    a. Basis of Supply

    To the extent permitted by law, the materials on the website are provided on an 'as is' basis. Subject to clause 3 above and except as expressly stated otherwise, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the materials.

    b. Accuracy

    We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any sites linked to this site.

    5. Limitation of Liability

    a. Exclusions Where Permitted

    To the maximum extent permitted by law, in no event shall we or our suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the website.

    b. Consumer Law Protection

    Nothing in these Terms of Service excludes, restricts or modifies any liability we have that cannot be excluded, restricted or modified under the Australian Consumer Law or any other applicable law, including our liability for death or personal injury caused by our negligence or fraud.

    c. Limitations

    Where liability cannot be excluded but can be limited, our liability is limited to, at our option:

    • in the case of goods, 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 services, the supplying of the services again, or the payment of the cost of having the services supplied again.

    6. Accuracy of Materials

    The materials appearing on the website may include technical, typographical, or photographic errors. We do not warrant that any of the materials on the website are accurate, complete or current. We may make changes to the materials contained on the website at any time without notice. However, we do not make any commitment to update the materials.

    7. Links to Third Party Sites

    We have not reviewed all of the sites linked to this website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.

    8. Modifications to Terms

    We reserve the right to revise these Terms of Service at any time. We will notify you of any material changes by posting the new Terms of Service on this page and updating the "Last Updated" date. Your continued use of the website following the posting of revised Terms of Service means that you accept and agree to the changes.

    9. Refund Policy

    You may request a refund at any time for an order that is incomplete. An incomplete order is one that has never been unblocked or commenced. Once work has commenced or been unblocked by us or any other entity, it will be considered a complete job and may no longer be eligible for a full refund.

    This refund policy is in addition to your rights under the Australian Consumer Law. If our services fail to meet a consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law regardless of this policy.

    10. Privacy

    Your use of the website is also governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please review our Privacy Policy to understand our practices.

    11. Governing Law and Jurisdiction

    These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in relation to any dispute arising out of or in connection with these Terms of Service.

    12. Dispute Resolution

    Before commencing any court proceedings, the parties agree to attempt to resolve any dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation administered by a recognised alternative dispute resolution provider.

    13. Severability

    If any provision of these Terms of Service is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions.

    14. Contact Information

    If you have any questions about these Terms of Service, please contact us at:

    Get Booked Out

    Sydney, Australia

    bookings@getbookedout.com.au

    0485 008 132

    ABN: 64 918 986 563