Terms and Conditions

Welcome to nuvho.com (the Website). The Website provides accommodation sector services (the Services). The Website is operated by Nuvho Holdings Pty Ltd (Nuvho), located in Brisbane, Australia, with subsidiaries in the European Union — Nuvho Limited, registered in Ireland — and in the United Kingdom, Nuvho Ltd. Access to and use of the Website, and any of its associated products or services, is provided by Nuvho and its related entities.

Please read these terms and conditions (the Terms) carefully. By using, browsing or reading the Website you confirm that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms you must stop using the Website and the Services immediately.

Nuvho may review and change any of the Terms by updating this page at its sole discretion. Where the Terms are updated, Nuvho will use reasonable endeavours to give you notice. Any change takes effect from the date it is published. We recommend that you keep a copy of the Terms for your records.

1. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to them where that option is made available to you by Nuvho in the user interface.

2. Registration and your details

You may register your interest in our services through the Website and establish an account (the Account). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself and your business, including your email address, preferred username, telephone number and password. You warrant that any information you give Nuvho in the course of registration will be accurate, correct and kept up to date.

Once you have completed registration you are a registered account holder of the Website (Account Holder) and agree to be bound by these Terms. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Nuvho, or if you are barred from receiving the Services under the laws of Australia or of any other country, including the country in which you reside or from which you use the Services.

3. Your obligations as an Account Holder

As an Account Holder, you agree to comply with the following:

• you will use the Services only for purposes permitted by the Terms and by any applicable law, regulation or generally accepted practice in the relevant jurisdiction;
• you have sole responsibility for protecting the confidentiality of your password and email address — use of your password by any other person may result in immediate cancellation of the Services;
• any use of your registration information by another person or by a third party is strictly prohibited, and you agree to notify Nuvho immediately of any unauthorised use of your password or email address, or any breach of security you become aware of;
• access to and use of the Website is limited and non-transferable, and is for your sole use for the purposes of Nuvho providing the Services;
• you will not use the Services or the Website in connection with any commercial endeavour except those specifically endorsed or approved by the management of Nuvho;
• you will not use the Services or the Website for any illegal or unauthorised purpose, including collecting the email addresses of Account Holders by electronic or other means for the purpose of sending unsolicited email, or framing or linking to the Website without authorisation;
• you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services, and that Nuvho will take appropriate legal action for any illegal or unauthorised use of the Website; and
• you acknowledge and agree that any automated use of the Website or the Services is prohibited.

4. Payment

Where the option is given to you, you may make payment for the Services (the Services Fee) by credit card. All payments made in the course of your use of the Services are processed through the Stripe payment gateway. In using the Website, the Services, or in making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions, which are available on their website.

You acknowledge and agree that where a request for payment of the Services Fee is returned or denied by your financial institution for any reason, or is unpaid by you for any other reason, you are liable for any costs associated with it, including banking fees and charges. You agree and acknowledge that Nuvho may vary the Services Fee at any time.

5. Copyright and intellectual property

The Website, the Services and all related products of Nuvho are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and in the compilation of the Website — including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features — are owned or controlled by Nuvho or its contributors, and are reserved.

All trademarks, service marks and trade names are owned, registered or licensed by Nuvho, which grants you a worldwide, non-exclusive, royalty-free, revocable licence, while you are an Account Holder, to use the Website in accordance with the Terms, to copy and store the Website and its material in your device’s cache memory, and to print pages from the Website for your own personal and non-commercial use.

Nuvho does not grant you any other rights in relation to the Website or the Services. All other rights are expressly reserved by Nuvho, which retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or any right to use or exploit them.

You may not, without the prior written permission of Nuvho and of any other relevant rights owner, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless the Terms otherwise allow it. This prohibition does not extend to material on the Website that is freely available for re-use or is in the public domain.

6. Privacy

Nuvho takes your privacy seriously. Any information provided through your use of the Website or the Services is subject to our Privacy Policy, which is available on the Website.

7. General disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, or any liability under them, which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law, all terms, guarantees, warranties, representations and conditions which are not expressly stated in the Terms are excluded, and Nuvho will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms — whether at common law, under contract, in tort (including negligence), in equity, under statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and in the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors or licensors of Nuvho makes any express or implied representation or warranty about the Services, or about any products or services referred to on the Website. This includes but is not limited to loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Services or any related products, including third party material and advertisements on the Website;
• costs incurred as a result of you using the Website, the Services or any of the products of Nuvho; and
• the Services, or their operation in respect of links which are provided for your convenience.

8. Limitation of liability

Nuvho’s total liability arising out of or in connection with the Services or these Terms, however arising — including under contract, in tort (including negligence), in equity, under statute or otherwise — will not exceed the resupply of the Services to you.

You expressly understand and agree that Nuvho, its affiliates, employees, agents, contributors and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

9. Termination of contract

The Terms will continue to apply until terminated by either you or Nuvho, as set out in a detailed scope of works and the associated contract.

Nuvho may at any time terminate the Terms with you if:

• you have breached any provision of the Terms, or intend to breach any provision;
• Nuvho is required to do so by law; and
• the provision of the Services to you by Nuvho is, in the opinion of Nuvho, no longer commercially viable.

Subject to applicable local laws, Nuvho reserves the right to discontinue or cancel your account at any time, and may suspend or deny, in its sole discretion, your access to all or any part of the Website or the Services without notice, if you breach any provision of the Terms or any applicable law, or if your conduct affects the name or reputation of Nuvho or violates the rights of another party.

10. Indemnity

You agree to indemnify Nuvho, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
• any direct or indirect consequence of you accessing, using or transacting on the Website, or attempting to do so; and
• any breach of the Terms.

11. Dispute resolution

If a dispute arises out of or relates to the Terms, neither party may commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with, except where urgent interlocutory relief is sought.

A party to the Terms claiming that a dispute (Dispute) has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle it. On receipt of that notice, the parties must, within 28 days of the notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or by such other means as they may mutually agree.

If, for any reason, 28 days after the date of the notice the Dispute has not been resolved, the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Queensland Civil and Administrative Tribunal. The parties are equally liable for the fees and reasonable expenses of the mediator and for the cost of the venue, and undertake to pay any amount requested by the mediator as a pre-condition to the mediation commencing. Each party must pay its own costs associated with the mediation. The mediation will be held in Brisbane, Australia.

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purposes of applicable laws of evidence. If three months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation, and the mediator must do so.

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute is the courts of Queensland, Australia.

12. Governing law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created by them is governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles and notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms are binding to the benefit of the parties and their successors and assigns.

13. Independent legal advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable, that both parties have had the opportunity to obtain independent legal advice, and that the Terms are not against public policy on the grounds of inequality of bargaining power or on general grounds of restraint of trade.

14. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part is severed and the rest of the Terms remain in force.