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Terms of Use for Ezebook Website

Ezebook.com welcomes you, the “Customer” to its website (the “Site”).

References to the Site are deemed to include derivatives thereof, including but not necessarily limited to, mobile websites and applications. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a reservation through Ezebook, you acknowledge and agree having read, understood and agreed to the Terms of Use.

Our different policies and guidelines, which can be found on the Site, including, but are not limited to, the Privacy Policy, Customer Review/s, Frequently Asked Questions, etc. (collectively the “Policies”), should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference. The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please stop use of the Site immediately.

The Terms of Use – which may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters, unless explicitly stated otherwise.

1. Complaints

If you have complaints about Ezebook's service, you can contact our Customer Service team via one of the methods. We will do our very best to help you. Please note, that any complaints about the accommodation (their policies, standards, service, facilities, decoration, food, etc.) is a matter for the accommodation provider itself. The information on our website about accommodation, is provided by the actual accommodation provider, and in the case of customer reviews, by the actual customers who have stayed.

Ezebook will, should a complaint be made, coordinate directly with the Accommodation provider, to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome. Please see Paragraph at the bottom of this page for more information about complaints.

2. Customer or Guest Reviews including further correspondence, and the Rights to User Content

By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation, followed by one or more reminders. Completion is optional. For clarity, The confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details). The completed guest review may be uploaded onto the relevant information page on the Site for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a review, you grant Ezebook the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Ezebook reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the Guest Review Guidelines. In addition, you represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Site; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Ezebook the right to pursue at law any person or entity that violates your or Ezebook's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.

Content submitted by users will be considered non-confidential and Ezebook is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Ezebook reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Ezebook is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Ezebook.

Ezebook shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Ezebook Policies on the Site for more details.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Ezebook or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Ezebook, and its licensees, successors and assigns, from any claims that you could otherwise assert against Ezebook by virtue of any such moral rights.

General Information

Ezebook does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation service and welcoming people who have booked through Ezebook as their guests.

You agree to indemnify and hold harmless Ezebook from and against any liability, damage or loss including legal fees and expenses that Ezebook incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each Ezebook harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Ezebook cannot be held liable in case an Accommodation property, refuses to check you in or asks you to leave for legal or regulatory reasons.

For your convenience, the Site and the Terms of Use exist in a number of languages and local versions (identified by different top level domain names in some cases), but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

Ezebook reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Ezebook shall not be liable to you or any third-party for any termination of your access to the Site. Ezebook reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate.

For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships Ezebook may have with others, including but not limited to the accommodation providers, and certain marketing partners.

Please note that Ezebook cannot issue local tax invoices except for reservations in Australia. Ezebook is a tax resident of Australia, and can only issue local tax invoices in this jurisdiction.

Through the Site, Ezebook provides an online platform through which you can browse different types of lodging and temporary accommodation, including but not necessarily limited to hotels, motels, serviced apartments, B&Bs, rooms for rent, houses, guest houses, apartments etc. (collectively, the “Accommodation(s)”) and make reservations with such Accommodation Providers. By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by Ezebook, which in turn means the reservation has been confirmed by the Accommodation. We will indicate the acceptance of your Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations). We reserve the right to reject bookings as set out below.

When rendering our services, the information that we disclose about Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies, channel managers, partners, etc.). As such, the Accommodation providers, or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions or accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation Provider, remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation Provider. Please note that Ezebook is one of many channels Accommodation providers use to make their inventory available for reservation. When a search result indicates that a particular Accommodation Provider has no more rooms available, that means the room type is not available for reservation through Ezebook.

The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site. The Accommodations can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time. Under certain circumstances, Ezebook may also offer Accommodations the option to get a sponsored listing, i.e. to pay for a top spot. Such sponsored listing will be marked or contain wording for clarity.

We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Accommodation request, breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behaviour, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organisations (USA, EU, UN, Singapore,…), etc. In case a booking is rejected or cancelled by Ezebook and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.

In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is in Ezebook’s sole discretion.

Please note that suspected group bookings can also be rejected or cancelled by Ezebook or the Accommodation Provider, as most Accommodation Providers have specific procedures for group bookings. Contact us for more information.

Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation Providers know of any special requests or requirements you have at check-in.

A word about star ratings

The Accommodation star ratings are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Accommodations. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Site. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.

2. Use of the Site

Ezebook grants you a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved.

The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Ezebook, and or its suppliers and providers, including the Providers of accommodation. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Ezebook and acknowledge that Ezebook may use these details to contact you in the event that this should prove necessary. Please also consult our Privacy Policy.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorisation, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

use the Site or its contents for any non-authorised commercial purpose;
make any speculative, false, or fraudulent booking;
access, monitor or copy any content or information of the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of the Site (including, without limitation, purchase paths) for any purpose without our express prior written permission;
re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose;
"frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorisation;
deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, or any postings which advocate illegal activity;
deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
deliver or provide links to, any postings containing defamatory, slanderous, false or libellous material;
deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
use the Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
attempt to gain unauthorised access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses;
engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.; or
do anything else which could cause damage to the Site, the Ezebook companies and their employees, Ezebook's reputation, or would otherwise have a negative impact.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Ezebook.

By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.

Prices, Additional Charges.

Our accommodation and service providers, may ask you for a Credit card or a cash deposit, upon check in – to cover costs that you may incur while you are staying at their property. You are responsible for any costs that you incur during your stay, and these are costs that are not related to the amount you have already paid, for when you made the booking, through our website. Ezebook is not liable for any relocation costs, if you need to change accommodation properties, for any reason.

You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation (which vary by hotel). If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, the full cost of your stay will be non-refundable. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation.

Payment by Customer

You agree to make payment at the time of booking via a debit to your nominated credit or debit card. The amount charged will be the amount shown on our booking page prior to you clicking the Pay Now button on that page. Upon submitting your booking request, you authorise Ezebook, to facilitate the relevant hotel booking, including making payment arrangements with the relevant accommodation supplier.

Complaints:

We will try and settle any complaints quickly and fairly and all correspondence should be sent to:

Customer Service: Ezebook.com

3/ 160 Ocean parade ,

Blue Bay NSW 2627