Terms of service.

Terms of Use
The following website Terms of Use include these Terms and Conditions and the Privacy Policy that apply to this website (and related Kalis Hospitality websites), which are operated by Kalis Hospitality Limited (ABN 70 130 852 318) and their related bodies corporate (collectively “Kalis Hospitality”) at www.kalishospitality.com.au.

You must ensure that you read, understand, and abide by the Terms and Conditions of this Website. By accessing, viewing, or otherwise using the Website you agree to accept and be bound by these Terms of Use in accordance with the conditions set out below.

We may update and/or modify these Terms of Use from time to time without notice, and such updates and/or modifications will take effect when they are posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

User Conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.

In accessing this Website, you must not:

  • Disrupt or interfere with the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through this Website or linked websites;

  • Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;

  • Use any robot, spider, other automatic device, or manual process to monitor, copy, or extract any web pages on the Website, or any of the Content, without our express prior written consent;

  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;

  • Reverse engineer, reverse assemble, or otherwise attempt to discover source code or other arithmetical formulas in respect of the software underlying the infrastructure and processes associated with the Website;

  • Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene;

  • Engage in any kind of illegal, criminal, or tortious activity through the use of the Website, including infringement of any third-party intellectual property rights, fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;

  • Attempt to obtain unauthorized access to this Website or parts of this Website that are not opened to public access; or

  • Post or transmit to or via this Website any defamatory, derogatory, or offensive material or publications.

If we issue you a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorized or not.

You must comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents, and contractors) harmless from any claim, action, demand, loss, or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory, or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Intellectual Property
All materials and information on this Website including without limitation any photographs, logo, design, text, graphic, and trademarks (“Content”) are licensed to or owned by Kalis Hospitality and are protected by copyright, trademark, and other intellectual property laws. Any such Content may be displayed solely for your personal and non-commercial use provided that any copyright notice on such a display or page is not removed. You agree not to alter, modify, add, copy, reproduce, sell, distribute, republish, download, display, post, or transmit the Content to any third parties in any form or by any means including but not limited to electronic, mechanical, or otherwise without our express prior written consent.

Save for the above, and unless expressly granted, Kalis Hospitality does not grant any license or right in, or assign all or part of, its intellectual property rights in the Content or applications incorporated into the Website or in the user interface of the Website.

Submissions
You acknowledge and agree that any material you send to us on or via the Website or if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title, and interests in and to such contributions to us.

This includes any data, feedback data, questions, ideas, comments, suggestions, or other information (collectively “Feedback”) and will be deemed to be not confidential and non-proprietary unless indicated otherwise. We will be entitled to use any such Feedback which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Third Party Websites and Links
We may provide links on this Website to websites operated, controlled, or produced by third parties. Kalis Hospitality does not have control over and does not monitor these third-party websites or their content nor does Kalis Hospitality provide any warranty or take any responsibility regarding the accuracy, completeness, or suitability of the third-party website, its products, or services. A link to a third-party website does not mean that we endorse the content of that website. Your access to third-party websites will be governed by their own terms of use.

We may receive fees, commissions, and/or rebates from third parties for goods and services detailed on the Website or accessible through a hyperlink on the Website. You acknowledge and consent to us receiving such amounts.

You may not create a link to this Website from another website or document without our prior written consent.

Privacy
The Kalis Hospitality Privacy Policy applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed here.

Warranties and Disclaimers – Limitation of Liability
While Kalis Hospitality endeavors to take reasonable care in preparing and maintaining the information on this Website, we do not warrant accuracy, reliability, adequacy, completeness, or otherwise of any of the Website Content. It is your responsibility to inquire with us directly to ensure the accuracy and currency of the material and information you seek to rely upon. We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service, which prevent you from accessing this Website, or that use of this Website will be compatible with the hardware and software you are using to access it.

To the maximum extent permitted by law, we and our related bodies corporate, directors, officers, employees, agents, and contractors exclude all liability arising out of or in connection with the Website Content and the use or performance of the Website to you or any other persons for any losses, damages, liabilities, claims, and expenses whatsoever, whether direct, indirect, or consequential, and including loss of business profits, except to the extent that the loss or damage is directly caused by Kalis Hospitality’s fraud or willful misconduct.

If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election and in our sole discretion):

  • Replacing or repairing goods;

  • Reimbursing you for repairing or replacing goods;

  • Re-supplying services; and

  • Reimbursing you for paying someone else to supply services.

The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:

  • Constitute an offer or inducement to enter into a legally binding contract; or

  • Form part of the terms and conditions for our products and services; The Content and this Website are provided “as is” and “as available.” Your use of this Website, including all Content, data, or software distributed by, downloaded, or accessed from or through this Website, is at your own risk.

Termination and Suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend, or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked, or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities, and limitations of liability.

If any parts of these Terms of Use are deemed unlawful, void, or for any reason unenforceable, then that provision may be severed from these Terms of Use, and it will not affect the validity and enforceability of the remaining provisions.

Waiver
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Severability
If any parts of these Terms of Use are deemed unlawful, void, or for any reason unenforceable, then that provision may be severed from these Terms of Use,