Website Usage Terms & Conditions

Welcome to www.trilogyhotels.com.au (“Website”).

The Website is owned and operated by Trilogy Hotels Pty Ltd (“Trilogy Hotels”). Please read these terms and conditions (“Terms”) carefully.

We reserve the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of Terms

By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, immediately.

Acceptable Use

You agree to use the Website solely for your own personal, non-commercial use and agree:

• not to use the Website in connection with commercial endeavours other than those endorsed or approved by us;

• not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist);

• not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party;

• not to upload or post to the Website any content, including (without limitation) audio, video, images, information, material or other content of any kind other than of a personal nature, provided that you agree not to upload or post any content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter;

• not to upload or post to the Website any content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity;

• not to upload or post to the Website any content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law;

• not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; and

• not to impersonate any person or entity or falsely misrepresent yourself.

Jurisdiction

The Terms are subject to the laws of New South Wales, Australia. Any disputes or claims arising from these Terms shall be governed by the laws of New South Wales, Australia, without considering conflicts of law principles, regardless of mandatory rules. The validity of this governing law clause is not contested. These Terms are binding for the parties involved and their successors and assigns.

Privacy

Trilogy Hotels values your privacy and treats any information you provide through your use of the Website and/or its content with utmost seriousness. Please refer to Trilogy Hotels’ Privacy Policy, accessible on the Website, for details.

Intellectual Property and Copyright

The content, products, and materials associated with the Website are protected by copyright laws in Australia and international treaties. Unless stated otherwise, all rights, including copyright, in the content and compilation of the Website (such as text, graphics, logos, icons, video, audio, code, scripts, design elements, and interactive features) are owned or controlled by Trilogy Hotels or its contributors.

Trilogy Hotels maintains full ownership of the Website and its content. Your use of the Website does not grant you any rights, including:

• Ownership of business names, trading names, domain names, trademarks, industrial designs, patents, or copyrights;

• Authorisation to use or exploit business names, trading names, domain names, trademarks, or industrial designs; and

• Ownership or authorization related to patents, registered designs, or copyrights, or any adaptations or modifications thereof.

Without prior written consent from Trilogy Hotels and any other relevant rights owners, you may not:

• Broadcast, republish, upload to third parties, transmit, post, distribute, display, or publicly perform the content or third-party content for any purpose; or

• Modify or adapt the content in any manner.

This restriction does not apply to materials on the Website that are freely available for reuse or are in the public domain.

Third Party Relationships

This Website may contain links to content or websites operated by third parties (“Third Party Links”).  Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by or approved by us.  Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.

Limitation of Liability

Certain statutory warranties provided under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) will be implied for the benefit of consumers. These Terms do not seek to exclude or limit the application of the ACL. However, Trilogy Hotels does not provide any guarantees, warranties, or representations regarding the use of the Website beyond what is required by these laws.

Except for claims under the ACL:

• Trilogy Hotels is not responsible to you or any other party (including for negligence, breach of contract, or tort) for any type of loss or damage (including specific, indirect, consequential, economic, or any other form of loss) that may occur directly or indirectly due to your use or inability to use the Website, even if such loss or damage was foreseeable;

• Trilogy Hotels is not liable for any disruptions to the Website; and

• Trilogy Hotels is not responsible to you or any other party if your computer system experiences interference or damage in connection with the use of this Website or any Third Party Links. It is your responsibility to ensure that any content you select from this Website is free from viruses or any other elements that may interfere with or damage your computer systems.

Disclaimers

The Terms of Use Agreement does not restrict or exclude any guarantees, warranties, representations, or conditions that are implied or imposed by law, including those under the ACL, which cannot be limited or excluded by law.

Subject to this provision and as permitted by law:

• Any terms, guarantees, warranties, representations, or conditions not explicitly stated in the Terms are excluded;

• Trilogy Hotels will not be liable for any special, indirect, or consequential loss or damage, unless such loss or damage is reasonably foreseeable due to our failure to meet an applicable Consumer Guarantee (as defined under the ACL). This includes loss of profit, opportunity, or goodwill arising from the content or these Terms, whether under common law, contract, tort, equity, statute, or otherwise;

Your use of the Website and its content is at your own risk. Everything on the Website and its content is provided “as is” and “as available” without any warranty or condition. Neither Trilogy Hotels nor its affiliates, directors, officers, employees, agents, contributors, or licensors make any express or implied representations or warranties about the content or any products mentioned on the Website. This includes:

– Failure of performance, errors, interruptions, deletions, defects, delays, viruses, data loss, communication failures, unlawful conduct by third parties, or unauthorised access;

• The accuracy, suitability, or currency of any information on the Website, its content, or related products;

• Costs incurred from using the Website, its content, or Trilogy Hotels’ products; and

• The content or operation of links provided for your convenience.

Indemnity

You agree to indemnify Trilogy Hotels, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) that arise directly or indirectly from your use of the Website or any breach of these Terms.

Changes to these Terms

Trilogy Hotels reserves the right to update or amend these Terms from time to time. Your ongoing use of the Website implies your acceptance of any revised or modified Terms. If you do not agree with the changes, please discontinue accessing the Website immediately.

If any provision of these Terms is found to be illegal, invalid, or unenforceable under the laws of New South Wales and Australia, it will be severed and removed to the extent and within the jurisdiction where it is deemed illegal, invalid, or unenforceable. The remaining provisions of these Terms will remain valid, binding, and enforceable.