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Terms and Conditions

TERMS & CONDITIONS

Website Terms and Conditions

  1. General

These terms and conditions apply to your use of this website, which is owned and operated by PPH Investments Pty Ltd ABN xxx, PO BOX xxx, Potts Point, NSW 1335 (referred to as “The Hotel”, “we”, “us” or “our”). By using this Website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should cease using the Website.

We reserve the right to alter these terms and conditions from time to time. The amendments will take effect immediately upon publication on the Website and it is your responsibility to check this page periodically for changes. Your continued use of the Website after the publication of such amendments will constitute an agreement by you to be bound by the amended terms and conditions.

Some parts of this Website may have specific terms of use (for example, our gift cards facility). Your registration for and/or use of these parts of the Website constitutes agreement to these specific terms and conditions. If there is any conflict between these terms and conditions and the specific terms of use appearing on other parts of this Website, the specific terms of use for the relevant other part of the Website will prevail.

“The Venues”, used hereon, refers to the Sugarmill Hotel and Sweethearts Rooftop venues.

  1. Restricted Use

Unless we provide you with our written consent to the contrary, you are provided with access to the Website for your personal use only. You are authorised to print a copy of any information contained on the Website for your personal, non-commercial use, unless such printing is expressly prohibited. You may not on-sell information obtained from the Website.

  1. Online Booking Service

This clause applies to all online bookings for The Venues. Clause 3 will also apply to all online Group Bookings.

  1. Making an online booking

The Website contains online booking facilities for The Venues. To make an online booking, you must complete all relevant fields in the online booking flow, including your name, mobile number, email address and any special requests required before booking.

After submitting the online booking request, you will receive an immediate confirmation email, as well as a reminder email 24 hours prior to the date of your booking (Online Booking Confirmation).

You will not be charged a booking fee for making an online booking request. You simply pay us for your meal, drink or function at its conclusion.

  1. Changing an online booking

For all online bookings other than online Group Bookings, to make a change or changes to the date, time or number of diners in an online booking, you must contact the venue at which you have booked directly.

Any changes are made at the absolute discretion of the venue at which you have booked and are subject to availability.

  1. Cancelling a booking

For all online bookings other than online Group Bookings, to cancel your booking, you must contact the venue at which you have booked directly.

Each venue’s contact information can be found in the Online Booking Confirmation or on the Website.

  1. Conduct at our venues
  1. Arrival at venue

Entry is not guaranteed at any venue and management reserves the right to refuse entry and will not permit entry to those showing signs of intoxication and / or anti-social behaviour.

  1. No shows

Failure to attend the venue at which you have booked at the relevant time specified in the Online Booking Confirmation, or failure to attend at all may result in you being identified as a ‘no-show’. We reserve the right to cancel your booking and allocate your table or space to other guests if you have not arrived within 15 minutes of the scheduled time specified in the Online Booking Confirmation.

  1. Copyright

Copyright in the Website, including all text, graphics, logos, icons and software, is owned or licensed by us.

Except as permitted by the Copyright Act 1968 (Cth) or other applicable laws, or as authorised by these terms and conditions, you may not:

(a) adapt, reproduce, store, distribute, print, display, reverse-engineer, perform, publish or create derivative works from any part of the Website;

or

(b) commercialise any information, products or services obtained from any part of the Website, without our written permission.

You may not place a link from any other website to the Website without our prior written consent.

We do, however, grant you a limited, non-transferable licence to access and use the Website in accordance with these terms and conditions solely for your personal, non-commercial purposes. Except as provided in these terms and conditions, or as permitted by relevant copyright legislation, permission to use or copy the Website or any of the contents of the Website for any other purpose is expressly prohibited. Subject to applicable law, we may revoke the permission referred to in this paragraph at any time, or may suspend or deny, in our sole discretion, your access to, or use of, the Website without notice.

  1. Trade Marks and other intellectual property

PPH Investments Pty Ltd owns a number of registered trade marks in Australia and also owns (or is licensed to use) all trade marks and logos that appear on the Website (Trade Marks).

You must not use any of the Trade Marks:

(a) in, or as the whole or part of, your own trade marks; (b) in connection with activities, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including the Website).

In addition, the Website and the technology and processes contained on it may also be the subject of other intellectual property rights owned by us or third parties. No licence is granted to you in respect of any of the intellectual property rights referred to in this paragraph other than as specifically set out in these terms and conditions.

  1. Linked Websites

The Website contains links to third party websites, and also advertisements that include embedded links. Links to third party websites are provided for your information and convenience only. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any material on any third party website. The inclusion of any link or advertisement does not imply that we endorse the linked third party website or the subject matter of the advertisement and you follow any such link at your own risk.

  1. Disclaimer

We accept no responsibility for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of the Website or any linked website. Nor do we accept responsibility for any such loss suffered as a result of your use of or reliance on any information contained on or accessed via the Website. However, this disclaimer does not extend to any liability imposed by law, to the extent that such liability cannot be lawfully limited or excluded.

To the maximum extent permitted by law, we exclude any conditions or warranties that would otherwise be implied into these terms and conditions and any guarantees that may be imposed. Where a guarantee, condition or warranty cannot by law be excluded, then that condition or warranty will be deemed included in these terms and conditions and that guarantee imposed on us, but our liability in respect of any breach of that guarantee, condition or warranty will be limited to the maximum extent permitted by law.

  1. Specific Warnings

You must ensure that your use of the Website is not illegal or prohibited by laws which apply to you. We reserve the right to screen, filter and/or monitor content for this purpose.

We do not warrant or represent that the Website or emails received from us pursuant to the mailing list facility will be uninterrupted or error free or free of other harmful components. You must take your own precautions to ensure that your access to the Website does not expose you to the risk of any viruses, malicious computer codes or other forms of interference that may damage your computer system. We do not accept any responsibility for any interference or damage to your computer system which arises in connection with your use of the Website or any linked website, or your receipt of emails from us pursuant to the mailing list facility.

  1. Indemnification

You agree to indemnify, defend and hold harmless The Hotel and any parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

  1. Security of Information

You acknowledge that the security of any data transmitted via the internet cannot be guaranteed. We will use our reasonable efforts to protect any information you transmit to us via the Website. However, we do not warrant or guarantee the security of such information. If you transmit information to us via the Website, you do so at your own risk.

  1. Interruption or Termination of Access

Access to the Website may be interrupted or terminated at any time, for any reason whatsoever. These terms and conditions survive interruption or termination of access to the Website.

  1. Privacy

By using the Website, you grant us consent to collect, store, use and disclose any personal information you may give us in accordance with our Privacy Policy available at www.sugarmill.com.au/privacypolicy (TBC). Please ensure that you have read and understood our Privacy Policy before accepting these terms and conditions.

We may collect, store, use and disclose to third parties site data, including the number of times the Website has been visited. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these terms and conditions.

  1. Queries or complaints

All questions and queries about these terms and conditions please contact us on 02 9368 7333.

In addition, if you become aware of any misuse of the Website or wish to complain about any material on the Website or believe any of your rights have been violated, you should contact us on 02 9368 7333 with the following information:

(a) your name, telephone number and email address; and (b) [the nature of the complaint and location within the Website containing the relevant content.

  1. Governing Law

These terms and conditions, and your access to the Website, are governed by the laws of New South Wales, Australia, irrespective of where you have submitted a booking or where the restaurant you have booked is located. In any action or other legal process with respect to any matter or thing in connection with these terms and conditions, you submit to the non-exclusive jurisdiction of New South Wales, Australia.