Terms Of Use
Jackalope Terms & Conditions.
Acceptance of Terms
JKLP IP Pty Ltd ACN 602 928 487 (Jackalope Hotels, we, us) operates the website www.jackalopehotels.com (referred to as the ‘Jackalope Site’). By accessing, viewing or logging onto the Jackalope Site, you agree to be bound by the following terms of use and our [Privacy Policy – insert as hyperlink] and any other policy published on the Website from time to time (‘Terms of Use’). All information, documents, products, trademarks, services and other material (including any software and links on the Jackalope Site) (hereafter referred to as ‘Content’), available on the Jackalope Site are subject to these Terms of Use. In the Terms of Use, “you” means the person accessing or using the Jackalope Site.
We reserve the right to amend the Terms of Use from time to time without notice to you and at our sole discretion. You agree that we may notify you of changes to these Terms of Use by positing them on the Jackalope Site and that your use of the Jackalope Site subsequent to positing such changes will constitute your acceptance of those changes. It is your responsibility to review this page for updates which shall come into effect once posted.
Any amendments to the Terms of Use take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available.
It is your responsibility to stay up to date with the current Terms of Use.
Intellectual Properties
The Content of the Jackalope Site is the copyright property of Jackalope Hotels or its licensors. Jackalope Hotels may not own all trademarks that may be mentioned in the Content of the Jackalope Site. Any reproduction, republication or distribution of any of the Content of the Jackalope site without the express written consent of Jackalope is strictly prohibited.
The Jackalope Site may contain or make reference to trademarks, patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of Jackalope Hotels and/or other parties. In particular, no license to or right in any of the trademarks, patents, trade secrets, copyright, technologies, products processes or other proprietary rights of Jackalope and/or other parties is granted to or conferred upon you.
All communications you make to Jackalope Hotels regarding Jackalope information, which does not contain Personal Information (for Personal Information please see the [Jackalope Privacy Policy – insert as hyperlink]), including but not limited to feedback questions, comments, suggestions and the like, will not be treated confidentiality and Jackalope Hotels shall have no obligation to protect your communications from disclosure. If you wish for such information to remain confidential, please expressly notify us of this fact and we will endeavour to maintain the confidentiality of such information, or notify you whether such information cannot remain confidential prior to you disclosing it.
You acknowledge and agree that Jackalope Hotels is be free to reproduce, use, disclose and distribute your communications to others without limitations. Also, Jackalope Hotels is free to use any ideas, concepts, know-how or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Warranties / Representation
Although every effort is made to ensure that photographs, graphic images and text used or displayed on the Jackalope Site (including via mobile devices) to illustrate the hotel provide an accurate impression of the accommodation offered, such text and images should be used as a general guide only and variations may occur, including as a result of changes to furniture, interior design changes or possible renovations.
The Content of the Jackalope Site is intended for informational purposes only and does not in any case constitute a legally binding offer.
For more detailed information regarding the online reservation service please check the relevant booking page on the Jackalope Site.
No Reliance (Accuracy, Reliability and Completeness of Site)
While Jackalope Hotels makes good faith efforts to verify that the Content (including photographs, graphic images and text used or displayed on the Jackalope Site) is accurate, complete and current, it should be used as a general guide only and variations may occur (including as a result of changes to furniture, interior design changes or possible renovations).
Jackalope Hotels makes no express or implied warranty or representation (including liability towards third parties) as to its accuracy, reliability or completeness of the Content. Jackalope Hotels reserves the right to change, add to and cancel any Content (available on the Jackalope Site, which will be subject to the most current version of the Terms of Use.
The Content or Jackalope Site may contain technical inaccuracies or typographical errors. Jackalope Hotels reserves the right to make changes, corrections and and/or improvements to the Content or Jackalope Site, and to the products and programmes described in such information, at any time without notice.
Liability Waiver
Be forewarned - your use of the Jackalope Site is at your own risk. To the maximum extent permitted by law, under no circumstances shall Jackalope Hotels, any of its affiliates, officers, directors, employees, subsidiaries or parents be liable for any damages, whether direct, indirect, punitive, special, incidental, consequential or strictly cosmetic damages, and including, without limitations, business interruption, damage to reputation or goodwill, data loss, additional borrowing loss, effects of any insolvency, claims or allegations by a third party that any Content breaches that third party’s rights, lost revenues or lost profits, arising out of or in any way connected to your access to or use of, reliance on, or inability to access or use, the Content or the Jackalope Site, nor in connection with the access to, or inability of access to linked web sites, whether based on contact, tort, strict liability or otherwise, even if Jackalope and/or its suppliers has/have been advised of the possibility of damages.
To the maximum extent permitted by law, the Content and the Jackalope Site is provided ‘AS IS’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Where Jackalope Hotels’ liability with respect to any statutory rights may not be excluded, but may be restricted or modified by agreement, Jackalope Hotels’ liability is limited to (at Jackalope Hotels election):
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- the payment of the cost of having the goods repaired;
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
You agree that in the event you incur any damages, losses or injuries that arise from or are connected with our acts or omissions, damages are an adequate remedy and you irrevocably waive any right to seek interim, interlocutory or final injunctive relief or specific performance of these Terms of Use and you will have no right to restrain the development, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by us including the Jackalope Site.
Jackalope Hotels assumes no responsibility for, and makes no warranty that, the functions on the Jackalope Site will be uninterrupted or error-free, that defects will be corrected, or that the Jackalope Site (including its Content) or the servers that make it available will be free of viruses or other harmful components.
We are not responsible in circumstances where the Jackalope Site or any part of it is unavailable at any time due to a power outage or server outage. We have no control over, and no responsibility for, the functioning network you use to access the Jackalope Site.
You are responsible for ensuring that your activities on the Jackalope Site are lawful (including by ensuring you have obtained all necessary consents, permits and authorisations).
Links
The Jackalope Site may contain links to other web sites, which are not being maintained by Jackalope Hotels. Jackalope Hotels will not and cannot be held responsible for the information, products, services or other material obtained on such other web sites and will not be liable for any damages arising from the access to or use of such a web site. The inclusion of these links does not imply an endorsement of the linked sites, the content therein including any linked addresses.
No linking without consent of Jackalope
The linking of other web sites to the Jackalope Site is prohibited without express written consent of Jackalope Hotels.
Your Conduct
While using the Jackalope Site, you will not:
- attempt in any way to access the ‘Jackalope’ system made available on the Jackalope Site unless you are an authorised user with a user account that has been established by Jackalope Hotels;
- upload any viruses or other malicious code;
- use or access the Jackalope Site if you are unable to form legally binding contracts or are under the age of 18;
- post, distribute, upload, publish or disseminate any illegal, discriminatory, threatening, defamatory or offensive content;
- post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- harvest or otherwise collect information about other users, including email addresses, without their consent;
- breach any provision of the Terms of Use. All or some of the Terms of Use may change from time to time and it is your responsibility to remain familiar with the most current versions;
- solicit other users’ login information or attempt to access an account belonging to someone else;
- use the Jackalope Site in any manner which might damage, disable, overburden, or impair the Jackalope Site or interfere with any user's use and enjoyment of the Jackalope Site, such as a denial of service attack;
- defame, bully abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of our staff or other users;
- fail to comply with all applicable laws, rules and regulations during your use of the Jackalope Site, including without limitation, laws related to copyright;
- facilitate or encourage any violations of these Terms of Use; or
- infringe any third party’s rights including intellectual property rights.
Without limiting our other remedies, we may limit, suspend or prohibit access to the Jackalope Site or any part of it, delay or remove content, and take technical and legal steps to keep you off the Jackalope Site for any reason.
Data Security on the internet
General Information
Please do take into consideration that the world wide web is a publicly accessible system. Each time personal information is made available online this is done at your own risk. Your data might be lost or accessible to unauthorised third persons.
Browsing
The Jackalope Site is not configured to collect any identifiable personal information from the visitor while browsing upon it. It collects information for general statistical purposes only. Unless you voluntarily provide Jackalope Hotels with your Personal Information (for example: your first and last name, title, mailing address, e-mail address, telephone and fax number, language, employer, business title, divers preferences regarding accommodation and travel habits or other personal identifying information) it will not be available to Jackalope Hotels.
Internet Protocol (IP) Address
Every time you browse the internet an IP address is automatically assigned to your computer. When users request a page from the Jackalope Site, Jackalope Hotels servers log the user’s current IP address. IP addresses are used to diagnose problems.
Cookies
The Jackalope Site puts to use ‘cookie’ technology. These cookies are designed to facilitate your visit on the Jackalope Site.
Personal Data and Privacy
When you register an account, submit an enquiry to us or otherwise engage with us, you will be required to provide us with various pieces of personal information. We will collect, store, use and disclose your personal information in accordance with our Privacy Policy, which can be found at [insert link].
When we need to collect information from you, we will take reasonable steps to bring our privacy collection statement to your attention.
Your personal information will only be processed for the purposes indicated at the time of collection as indicated in the Privacy Policy or as evident under the circumstances. Please note that your acceptance of our Privacy Policy is a condition of these Terms of Use.
If you would like to request a physical copy of our collection statement or Privacy Policy (or both) please contact us by email at sleep@jackalopehotels.com.
You warrant to Jackalope Hotels that any personal information you provide to Jackalope Hotels about another natural person has been collected with that person's consent for it to be provided to us and to be used in a manner contemplated by these Terms of Use including our Privacy Policy.
Governing Law and Jurisdiction
By accessing and using any services of the Jackalope Site, the user and Jackalope Hotels agree that all matters relating to and/or any disputes arising out of the user’s access to, or use of the Jackalope Site shall be governed by and interpreted and construed and enforced exclusively in accordance with the laws of Victoria, Australia.
Severance
If any provisions of these Terms of Use are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.
Waiver and Exercise of Rights
A single or partial exercise or waiver of a right relating to these Terms of Use does not prevent any other exercise of that right or the exercise of any other right.
No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
No Relationship
We do not have a trust relationship with you, and we do not owe you any fiduciary duty.
No party to these Terms of Use has the power to obligate or bind any other party. Nothing in these Terms of Use will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.
Indemnities
Each indemnity in these Terms of Use is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms of Use.
It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by these Terms of Use.
Rule of Construction
In the interpretation of these Terms of Use, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward these Terms of Use or any part of it.
Refund Policy - ticketed events
Cancellations made outside of 48 hours from the scheduled event commencement can be cancelled without penalty. Cancellations between 24-48 hours incur 50 per cent of the ticket fee. Cancellations within 24 hours incur 100 per cent of the ticket fee.
Refund Policy - accommodation
Reservations must be cancelled 14 days prior to arrival to avoid penalty. Cancellations within 14 days of arrival will be subject to a 50% cancellation fee.
Full Pre-Payment Required. Gift Vouchers will be deducted from the deposit total if details are provided.
Case study | Jackalope Mornington Peninsula
Louis Li wins major tourism award with debut hotel.
Gift Card Purchases
Redeemable at Jackalope Hotels. Not redeemable for cash. Value is partially redeemable, and it is up to the cardholder to use the full amount within the validity period. Any unused balance will not be refunded or credited when the card expires. Where the cost of the purchase exceeds the card’s value, it is up to the cardholder to make up the difference with an alternative payment method. Please treat like cash. Jackalope takes no responsibility if lost, stolen or damaged. Cards are valid for three years from the date of issue.