(a) In these terms, "we", "us" and "our" means Bottlenose Holdings Pty Ltd (ABN 55 675 243 580) of 17 Shepherd Street, Mollymook NSW 2539, operator of Dolphins Mollymook.  Please read these terms carefully as they apply to your use of this website (including all content on it and its presentation) and your booking of hotel rooms or purchase of goods and services through this website.  By accessing or using this website you agree to be bound by these terms.

(b) We may revise these terms from time to time by updating this posting.  The revised terms will take effect when they are posted.

(a) All copyright and other intellectual property rights subsisting in this website and contents on them (including the software, design, text and graphics comprised in our websites and the selection and layout of our websites) are owned or licensed by us and protected by the laws of Australia and other countries.

(b) We grant you a limited, non-transferable licence to access and use this website solely for your personal, non-commercial purposes.  You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website, including audio and video excerpts, except as permitted by statute or with our prior written consent.

(c) We (or our licensors) retain all rights, title, and interest in and to this website and all related content, and nothing you do on or in relation to this website or any of the related content will transfer any copyright or intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any copyright or intellectual property rights unless this is expressly stated.

(d) Except as provided in these terms, use of or copying any content of this website for any purpose other than the purpose referred to in paragraph (b), is expressly prohibited, unless prior written consent is obtained from us.  You may contact us at info@dolphinsmollymook.au if you wish to obtain such consent.

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this website without notice.

(a) We encourage you to provide links to this website for educational purposes or personal use.  While you may use the name “www.dolphinsmollymook.com.au” in the text of any such link, you may not use the Dolphins Mollymook logo or any of our other trade marks without our prior written consent. 

(b) You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us.

(c) If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.

(d) If you provide a link to this website, you must not misrepresent your relationship with us and in no way claim or imply a relationship which has not been authorised by us.

(e) You must not present false or misleading information about us.

(f) The site providing the link to this website must not violate any laws and its content should not be construed as inappropriate, obscene, defamatory, vulgar, hateful or otherwise objectionable.

(a) When you book a hotel room with us, or place an order to purchase any goods or services from us, you are making an offer to book the hotel room or purchase the specified goods and services at the price indicated (including any applicable delivery charges, surcharges, and taxes) at the time of placing the order. Our booking and cancellation policies which form a part of these terms and appear on this website, apply to any such bookings or orders.

(b) No contract for a booking of a hotel room or a purchase of goods or services will come into existence until your booking or order has been reviewed and accepted by us and we have notified you of such acceptance.

(c) A booking for a hotel room or an order for goods and services may be declined where there are reasonable grounds for doing so, for example, the hotel room, goods or services are no longer available or if there is an error in the price or the description of the room, goods or services listed on the website. 

(d) You will be notified whether your booking for a hotel room or order for goods or services has been accepted or declined as soon as reasonably practicable.

(e) When you make a booking for a hotel room, or an order to purchase any goods or services, you agree to pay the price specified by us at the time of booking or purchase, plus any applicable delivery or booking charges based on the delivery option selected by you.  All amounts are stated in Australian dollars.  All prices include Australian GST (where applicable).  Delivery and booking charges will be additional to any purchase price and notified separately if not shown on the website. 

(f) You will be required to pay for the booking or order by the payment methods specified on the website or otherwise accepted by us from time to time.  We will process the transaction upon acceptance of your order.  A surcharge may apply for the use of certain credit cards, and where this is the case this will also be notified before your transaction is processed. 

(g) Any ordered goods will be delivered or provided to the place of delivery you specify when making your order.  Title to and risk in the goods will pass to you upon the delivery of the goods to this place of delivery.  We will not be responsible for any loss or damage to any goods caused by you providing incorrect delivery details or for our compliance with your delivery instructions (for example leaving any goods outside or unattended).

(h) You may return any goods that you have purchased if the goods are faulty, different to how they were described or shown, do not serve their intended purpose, or you otherwise have a right to return them under any applicable law. If you wish to return any goods you must lodge a return request using the “Contact Us” section of the website and provide a reason for the return, within 14 days of your receipt of the goods.  Once you have done so, we will respond to your request and (if the return is accepted) provide you with the details of where the goods are to be returned to.  You must pay for any return shipping costs. Where you are entitled to return any goods, you will receive a refund or an exchange of the goods (at your choice).

You must not:

1. use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);

2. use this website in a manner or way, or post to or transmit to or via this website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;

3. make fraudulent or speculative enquiries, purchases or requests through this website;

4. use another person’s details without their permission or impersonate another person when using this website;

5. violate any applicable laws, or use this website for any purpose that is unlawful or prohibited by these terms;

6. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

7. tamper with or hinder the operation of this website;

8. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this website;

9. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;

10. modify, adapt, translate or reverse engineer any portion of this website;

11. remove any copyright, trade mark or other proprietary rights notices contained in or on this website;

12. collect or store personal data about other users of this website;

13. create accounts by automated means or under false or fraudulent pretences;

14. use this website to violate the security of any computer or other network or engage in illegal conduct;

15. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

16. use this website other than in accordance with these terms; or

17. attempt any of the above acts or engage or permit another person to do any of the above acts.

(a) We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this website (including the hotel rooms, goods or services available and the prices payable for such rooms, good or services).

(b) We may stop making this website (or any part of it) available. This will not impact any current orders or bookings that have been accepted by us.

• while we endeavour to provide a convenient and functional website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and

• we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).

(c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.

(d) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(e)  If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following 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; or

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

(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $100 or any higher price you have paid to us in respect of the relevant goods you have purchased from us.

(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

• special, indirect, consequential, incidental or punitive damages; or

• damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

• whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage, including missed flights, events and other occasions.

(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

(i) We are not responsible for loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment, loss of data, loss of profits or revenue, and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

(j) You must take reasonable steps to minimise the extent of the loss you may suffer as a result of this website and you must notify us in writing of your loss as soon as is reasonably possible.