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Terms and Conditions

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Nook Melbourne’s use of cookies in accordance with the terms of Nook Melbourne’s privacy policy / cookies policy.

License to use website
Unless otherwise stated, Nook Melbourne and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Nook Melbourne’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Nook Melbourne’s express written consent.

Restricted access
Access to certain areas of this website is restricted. Nook Melbourne reserves the right to restrict access to other areas of this website, or indeed this entire website, at Nook Melbourne’s discretion.

If Nook Melbourne provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Nook Melbourne may disable your user ID and password in Nook Melbourne’s sole discretion without notice or explanation.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Nook Melbourne a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Nook Melbourne the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Nook Melbourne or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Nook Melbourne reserves the right to edit or remove any material submitted to this website, or stored on Nook Melbourne’s servers, or hosted or published upon this website.

Notwithstanding Nook Melbourne’s rights under these terms and conditions in relation to user content, Nook Melbourne does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. Nook Melbourne makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Nook Melbourne does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability
Nook Melbourne will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Nook Melbourne has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Nook Melbourne’s liability in respect of any:

  • death or personal injury caused by Nook Melbourne’s negligence;
  • fraud or fraudulent misrepresentation on the part of Nook Melbourne; or
  • matter which it would be illegal or unlawful for Nook Melbourne to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties
You accept that, as a limited liability entity, Nook Melbourne has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Nook Melbourne’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Nook Melbourne’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Nook Melbourne.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify Nook Melbourne and undertake to keep Nook Melbourne indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Nook Melbourne to a third party in settlement of a claim or dispute on the advice of Nook Melbourne’s legal advisers) incurred or suffered by Nook Melbourne arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Nook Melbourne’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Nook Melbourne may take such action as Nook Melbourne deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
Nook Melbourne may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment
Nook Melbourne may transfer, sub-contract or otherwise deal with Nook Melbourne’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions constitute the entire agreement between you and Nook Melbourne in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts

Nook Melbourne’s details
The full Nook Melbourne of Nook Melbourne is FULL NOOK MELBOURNE.

Nook Melbourne is registered in Australia with ASIC

Nook Melbourne’s registered address 223/173 city road southbank

You can contact Nook Melbourne by email to info@pixelx.com.au

 

GUEST Terms and Conditions

Cancellation Policy
Bookings which are cancelled or rescheduled within 42 days of arrival date will forfeit their full payment

Terms and Conditions

  1. Payment (deposit or full payment) formalises an agreement between the guest and Nook Melbourne Short Stay to occupy the premises for the specified days and signifies acceptance of these terms and conditions.
  2. Full payment is due 7 days prior to arrival and will be charged to the credit card supplied for the deposit unless notified in writing prior to the due date. If payment is via direct deposit the due date is 7 days prior to arrival.
  3. Cancellations made within 42 days of booking arrival date incur a 100% cancellation fee. Cancellations made with more than 28 days notice will forfeit loss of monies paid unless Nook Melbourne Short Stay can replace the booking, minus an administration charge of 30% of total booking fee. We encourage our customers to purchase travel insurance to cover any unforeseen circumstances.
  4. You must only provide credit card details which you are authorised to use
  5. The number of guests must not exceed the number of guests included in the tariff.
  6. Strictly no parties
  7. Our apartments are subject to body corporate rules. Please refer to the apartment manual on arrival at the apartment. Noncompliance of these rules will result in you being removed from the property without refund. Acceptance of these terms and conditions signifies acceptance to abide by the specific apartment and body corporate rules found in the apartment manual on the property.

Guests will

  1. respect the residential amenity of the property and neighbours
  2. maintain the security of the property
  3. maintain noise to a reasonable level and, in particular, between 10pm and 8am
  4. abide by any noise abatement order issued by police or any regulatory authority
  5. refrain from behaving in any drunken, obscene or antisocial behaviour.
  6. be responsible for their visitors.

General

  1. Garbage must be disposed of in allocated rubbish chutes and bins and rubbish must not be left in the car park, or public or common areas.
  2. Your booking includes a basic exit clean. If you do not leave the apartment in neat and tidy order, and follow the instructions in the apartment manual, your credit card will be charged with an additional cleaning expense.
  3. Guests are required to leave the carpet in the same condition as arrival. If the carpet is stained money will be deducted from guests credit card for a steam clean.
  4. Guests can book extra cleaning services (including fresh towels and linen) during their stay for an extra $70per service. At least 24 hours notice is required per interim clean.
  5. It is the guests responsibility to notify management of any breakages or damages which occur at the property. Money may be deducted from your credit card to cover replacement or repair.
  6. Guests must comply with parking regulations and show consideration to neighbours and other vehicles.
  7. Guests must return any parking stickers or credit card will be deducted $10.
  8. Guests must notify the Manager of any complaints as soon is practicable.
  9. The cost of any missing items will be deducted from the guests credit card.
  10. The replacement cost of lost keys (approx $200 – $300) will be deducted from the guests credit card or bond to cover replacing the keys and or redoing locks.
  11. Strictly no pets allowed.
  12. Payment must be made in Australian dollars.
  13. Our apartments are strictly non smoking but smoking is permittted on the balconies if applicable.
  14. Usage of internet is restricted to browsing and mail applications only. Guests downloading large files or using the internet for illegal purposes is prohibited and may incur additional costs. If charges are passed on to the guest, documentation will be provided upon request.
  15. Nook Melbourne reserves the right to cancel the booking and provide the guest with a full refund if applicable within 24 hours of the booking being made, or if the apartment becomes inhabitable and appropriate alternative accommodation is not available within the Nook Melbourne group.
  16. Non adherence to these terms and conditions will result in you being removed from the property without refund and may result in forfeit of your bond or if a credit card was supplied for security charges may apply.

Credit
This document was created using a Contractology template available at https://www.freenetlaw.com.