Terms & Conditions
WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the The Prince platform, accessible at https://theprince.com.au/ (Platform) and any other goods or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, The Prince Hotel ABN: 44 120 021 669 (The Prince, the Company, we or us).
The remainder of this agreement is divided into two parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or offer to buy goods through the Platform.
When we talk about the “Goods” in this agreement, we are referring to the goods available through the platform.
Part A: All Users
(a) This Platform is not intended for use by any person under the age of 18 years old (Minor) or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you: (i) have not been suspended or prohibited from using the Platform; and (ii) are over the age of 18 years.
(b) Please do not access the Platform if you are under the age of 18 years old or if you have previously been suspended or prohibited from using the Platform.
(c) The sale of liquor to a Minor, or to an adult on behalf of a Minor is not permitted on the Platform.
(d) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
(a) You may use the Platform as a guest or you may sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by The Prince from time to time.
(c) You warrant that any information you give to The Prince in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
(e) Once you complete the Account registration process, The Prince may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) The Prince reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) The Prince may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
1. As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify The Prince of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Goods, including by not using the Platform: (i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and (ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by The Prince;
(d) not to act in any way that may harm the reputation of The Prince or associated or interested parties or do anything at all contrary to the interests of The Prince or the Platform;
(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of The Prince;
(f) that The Prince may change any features of the Platform or Goods offered through the Platform at any time without notice to you;
(g) that information given to you through the Platform, by The Prince or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(h) that The Prince may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4. POSTED MATERIALS
1. By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
(a) You grant to The Prince a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for The Prince to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release The Prince from any and all claims that you could assert against The Prince by virtue of any such moral rights.
(c) You indemnify The Prince against all damages, losses, costs and expenses incurred by The Prince arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
(a) The Prince acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, The Prince may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
1. The Prince will have no liability or obligation to you if:
(a) a Customer or Seller cancels at any time after the time for performance of the Listing is agreed; or
(b) for whatever reason, including technical faults, the Goods cannot be provided,
2. and you will not be entitled to any compensation from The Prince.
6. ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partner (Online Payment Partner) to collect payments on the Platform. We currently use Stripe but this may change from time to time.
(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
(c) You agree to release The Prince and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
7. SERVICE LIMITATIONS
1. The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that The Prince cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
8. INTELLECTUAL PROPERTY
(a) The Prince retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from The Prince or as permitted by law.
(c) In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
9. THIRD PARTY CONTENT
1. The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Prince accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
10. THIRD PARTY TERMS
(a) Any service that requires The Prince to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing The Prince to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
11. DISPUTES BETWEEN USERS
(a) Any complaint: (i) relating to another User; or (ii) for any other issue or problem, must be made to The Prince via email@example.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it, including by way of mediating between the parties.
(b) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(c) The Prince has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(d) The Prince reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(e) If you have a dispute with The Prince, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(f) Notwithstanding any other provision of this clause 11, you or The Prince may at any time cancel your Account or discontinue your use of the Platform.
1. The Prince does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
(a) (Limitation of liability) To the maximum extent permitted by applicable law, The Prince excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.
(b) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(c) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(d) (Indemnity) You agree to indemnify The Prince and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’: (i) breach of any term of this agreement; (ii) use of the Platform; or (iii) your provision or receipt of Goods from another User.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Prince be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
1. You agree that:
(a) no information owned by The Prince, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) all communications involving the details of other users on this Platform and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
16. COLLECTION NOTICE
(a) The Prince reserves the right to terminate a User’s access to any or all of the Platform (including any memberships or Accounts) at any time without notice, for any reason.
(b) In the event that a User’s Account is terminated: (i) the User’s access to all posting tools on the Platform will be revoked; (ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and (iii) all service listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, The Prince will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
1. You are responsible for the collection and remission of all taxes associated with the services you receive or any transactions through your use of the Platform, and The Prince will not be held accountable in relation to any transactions where tax related misconduct has occurred.
19. RECORD / AUDIT
1. To the extent permitted by law, The Prince reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving The Prince.
(a) A notice or other communication to a party under this agreement must be: (i) in writing and in English; and (ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given: (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or (ii) when replied to by the other party, whichever is earlier.
21.1 GOVERNING LAW AND JURISDICTION
1. This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
1. No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
1. Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
21.4 JOINT AND SEVERAL LIABILITY
1. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
1. A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
1. Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
21.7 ENTIRE AGREEMENT
1. This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Part B: Customers
(a) You acknowledge and agree that: (i) if you make a purchase on the Platform, that will constitute your offer and intention to enter into a contract with The Prince; (ii) for each purchase on the Platform, you must pay the Listed Price, which will be debited from your Account; and (iii) any terms and conditions relating to Goods or a Price provided via the Platform are solely between you and The Prince.
(a) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Goods specified in a Listing prior to The Prince providing those Goods.
(b) (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(c) (Release) You agree to release The Prince and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner or any error or mistake in processing your payment.
(d) (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with The Prince, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(a) We may provide promotional offers such as “buy 2 get 1 free” as well as codes offering a discount for Goods (Promotions). Some Promotions will be automatically applied at checkout. For other Promotions, you will need to enter a code at checkout in order to use the Promotion.
(b) A Promotion may not be applied retrospectively. Promotions are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply.
(c) Only one Promotion may be applied to an Order at a time.
(a) The Prince will have no liability or obligation to you if a Listing is cancelled after it has been agreed and you will not be entitled to any compensation from The Prince in relation to any such cancellation, including any portion of the Service Fee.
(b) If you wish to cancel a Good before The Prince has fulfilled the requirements specified in the relevant Listing, you must contact The Prince using the functionality of the Platform.
(c) If The Prince decides to investigate your cancellation, you must provide assistance and information to The Prince as reasonably requested.
(d) If you cancel a Good, whether the relevant Listed Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Seller.
5. RATINGS AND REVIEWS
(a) Customers may rate a Service Listing (Rating) and/or may provide feedback regarding the services Customers received from them (Review).
(b) Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the Platform is removed or terminated.
(c) Customers must only provide true, fair and accurate information in their Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews for Goods to whom you have a personal or professional relationship (separately from the Platform).
(g) You may only write a Review if you have had a buying or service experience with the Platform, which means that: (i) you have purchased Goods via the Platform; or (ii) you have placed an order via the Platform; or (iii) you can otherwise document your use, including via correspondence or other interaction with the the Platform, (collectively referred to as a Service Experience).
(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You may not write a Review about Goods if you are an executive or employee of that Product, or work for the Product. Similarly, you may not write a Review about a direct competitor to the Product you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months when you submit a Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Product to write a Review, you should include information about this in your Review. Incentives include the Product Seller offering you a gift, reward, discount or advantage for writing a Review about the Goods.
6. LINKED BUSINESSES
1. You acknowledge and agree that:
(a) the Platform provides Goods owned and operated by third parties that are not under the control of The Prince;
(b) the provision by The Prince of Goods does not imply any endorsement or recommendation by The Prince of any Seller;
(c) The Prince does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Goods on the Platform; and
(d) any terms and conditions relating to a Service Listing or Goods provided via the Platform constitute a contract between you and The Prince once agreed in accordance with clause 1.