1 Acceptance of Terms
1.1 This Agreement is between NomadParks Pty Ltd trading as Kui Parks (ABN 67 167 494 313) (referred to as “Kui Parks”, “we” or “us”), and the registered member (referred to as “Member” or “you”), and collectively the Parties.
1.2 By signing up and becoming a Member on our website www.kuiparks.com.au (Site), and using the Site and any related services or tools (Services), you agree and accept that our Services are be provided to you on these Terms and Conditions (Terms).
1.3 You accept and agree to our Terms by proceeding to use our Services.
2.1 We agree to perform the Services with due care and skill.
2.2 When you register as a Member on our Site, we will provide you with access to secured areas of the Site which are not available to the public. This will provide you with information on different caravan parks within our network and general information for travelling around Australia.
2.3 As a Member, you will be provided with an initial 2 year membership (Membership). You will be given a Membership card, and upon presentation of the Membership card at any of the caravan parks within our network will entitle you to a 10% discount, up to $30 per stay (Membership Discount).
2.4 We may provide the Services to you using our employees, contractors and third party providers and they are included in these Terms.
3 Fees, invoicing and payment
3.1 You agree to pay us a fee for your Membership (Membership Fee). All amounts are stated in Australian dollars.
3.2 You will be required to renew your Membership by paying the Membership Fee before your current Membership expires. Reminders will be sent to you approximately 2 months prior to expiration of your current Membership.
3.3 Your Membership Fee is payable by credit card, debit card or PayPal.
3.4 If you do not renew your Membership with us, you will not be entitled to any further benefits offered by Kui Parks.
3.5 Kui Parks reserves the right to adjust the Membership Fee at its sole discretion and all Members will be notified of such adjustments.
3.6 You acknowledge and agree that if we are unable to charge a credit card that you have provided or your debit card or PayPal payment fails or is otherwise rejected, we will cease to provide the Services to you and you will not be able to log into our Site until payment is made.
3.7 Our pricing structure or payment methods may be amended from time to time in our discretion.
4 Member acknowledgements
4.1 You acknowledge and agree that:
(a) the Membership Discount may only be given upon presentation of the Membership card;
(b) the Membership Discount cannot be used in conjunction with any other discount, promotion or package offered by any third party; and
(c) your Membership does not guarantee availability of accommodation at the caravan parks listed on our Site.
5.1 You acknowledge and agree that the Services or your Membership may be cancelled by you at any time but no refunds will be made to you by Kui Parks.
5.2 Either party may terminate the Terms, if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
5.3 We may terminate the Terms immediately, in our sole discretion, if:
(a) we consider that a request for a Service is inappropriate, improper or unlawful;
(b) if you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) we consider that our working relationship has broken down including a loss of confidence and trust; or
(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.
5.4 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
5.5 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
5.6 On completion of the Services, we will retain your documents (including copies) as required by law or regularity requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
6 Feedback and dispute resolution
6.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you are unsatisfied with your stay at any of the caravan parks listed on our Site, or have any feedback or questions about our Services, please fill out the Customer Satisfaction form on our Site or contact any member of our staff.
6.2 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
7 Limitation of liability and disclaimers
7.1 Kui Parks is not a party to any relationship or agreement formed between you and any of the caravan parks listed on the Site.
7.2 Kui Parks is not liable for any loss or damage arising, directly or indirectly from:
(a) the use of your Membership with us; or
(b) communication between us and you that is late, lost or misdirected for any reason;
(c) problems or technical malfunctions of telephones, computers, any software, internet connections, or personal equipment.
7.3 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
7.4 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
7.5 Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
7.6 Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
7.7 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
7.8 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
7.9 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services and this agreement, except those set out in this agreement.
7.10 This clause will survive termination of these Terms.
8.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.
8.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
8.3 The obligations under this clause will survive termination of these Terms.
9 Intellectual property and moral rights
9.1 You acknowledge that in using our Services, you will be given access to our Intellectual Property.
9.2 You agree that our Intellectual Property will only be used:
(a) by you and no other person or entity;
(b) for the agreed purposes as set out on our Site;
(c) within Australia; and
(d) solely for personal and non-commercial use.
9.3 You agree to provide information including Intellectual Property to us to enable us to provide the Services. You:
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way we require to provide the Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
9.3 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you,
(b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.
10.1 The Member warrants that throughout the terms of engagement that:
(a) there are no legal restrictions preventing you from agreeing the Terms;
(b) you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Services;
(e) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
(f) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
(g) if applicable, you have a valid ABN which has been advised to us; and
(h) if applicable, you are registered for GST purposes.
11 Confidential information
11.1 We and you, including employees and contractors, agree not to disclose Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
11.2 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
11.3 The obligations under this clause will survive termination of these Terms.
12.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
12.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
12.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
12.4 GST: If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
12.5 Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
12.6 Assignment: The Terms is personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
12.7 Severance: If any provision (or part of it) of the Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of the Terms are valid and enforceable.
12.8 Notices: Any notice required or permitted to be given by either party to the other under these conditions will be in writing addressed to you at the address in the Proposal. Our address is set out on the Proposal. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
12.9 Jurisdiction & Governing Law: The Terms are governed and construed in accordance with the laws of Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of Victoria.
13.1 Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
13.2 Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
Date of last update: 13 May 2014