Your Agreement
1.1 This website www.ablerr.com.au and/or the Ablerr App (collectively referred to as the 'Ablerr Platform') is run by Abilia Australia, an Australian company. Before you use the Ablerr Platform and the services provided by Ablerr Travel Technology Limited, its associated companies (collectively referred to as “Ablerr”) or the third-party operators (the “Operator”) through the Ablerr Platform (the “Services”), please read this Terms of Use carefully. “You” and “your” in this Terms of Use means (1) any person who accesses the Ablerr Platform and (2) individuals for whom you make a purchase of the Services.
2. Change of Terms of Use
2.1 Ablerr's Modifications
2.1.1 Ablerr reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Ablerr changes or modifies this Terms of Use, Ablerr will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
2.1.2 Your continued use of the Ablerr Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the Ablerr Platform and/or the Services. It is your responsibility to regularly check the Ablerr Platform to ascertain if there are any changes to this Terms of Use and to review such changes.
2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Ablerr from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Ablerr Platform, the domain name (www.ablerr.com.au), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Ablerr in connection therewith are owned and operated by Ablerr.
3.2 Provision and Accessibility of Services
3.2.1 Subject to this Terms of Use, Ablerr may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the Ablerr Platform. The Services that have been selected by you on the Ablerr Platform are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the Ablerr Platform, any Services offered by Ablerr by itself or on behalf of the Operators on the Ablerr Platform. Ablerr may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Ablerr may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
3.2.2 Ablerr does not guarantee that the Services will always be available or uninterrupted. Ablerr will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link to the Ablerr Platform, Ablerr may revoke your rights to so link at any time, at Ablerr’s sole discretion. Ablerr reserves the right to require prior written consent before linking to the Ablerr Platform.
4. Ablerr Platform and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on the Ablerr Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Ablerr Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
4.1.2 If Ablerr agrees to grant you access to the Ablerr Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Ablerr Platform in accordance with this Terms and Use. Ablerr may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Ablerr Platform.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Ablerr Platform and the Content accessed through the Ablerr Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Ablerr Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Ablerr’s Liability for the Ablerr Platform and Content
4.2.1 Ablerr cannot guarantee the identity of any other users with whom you may interact with in the course of using the Ablerr Platform. Ablerr cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the Ablerr Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Ablerr be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Ablerr Platform.
4.3 Sort Order * 4.3.1 We provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services’ popularity, Services’ reviews or other criteria. We continually optimize the Ablerr Platform to provide you the best experience and may test different default sort order algorithms from time to time.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of the Ablerr Platform belong to Ablerr or have been licensed to Ablerr for use on the Ablerr Platform. This Ablerr Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the Ablerr Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the Ablerr Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Ablerr or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing the Ablerr Platform or using the Services, you may provide information which may be used by Ablerr and/or the Operators in connection with the Services and which may be visible to other users of the Ablerr Platform. You understand that by posting information or content on the Ablerr Platform or otherwise providing content, materials or information to Ablerr and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Ablerr and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the Ablerr Platform and Ablerr’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Ablerr to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the Ablerr Platform a non-exclusive license to access your User Submissions through the Ablerr Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Ablerr Platform and under this Terms of Use; (d) You acknowledge and agree that Ablerr retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Ablerr does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the Ablerr Platform is the sole responsibility of you and that Ablerr will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
7.1 Use of the Ablerr Platform and the Services
7.1.1 You represent, warrant and undertake to Ablerr that you will not provide any User Submissions or otherwise use the Ablerr Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Ablerr’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Ablerr; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 Ablerr reserves the right to remove any User Submissions from this Ablerr Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Ablerr is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Ablerr Platform.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the Ablerr Platform. You represent, warrant and undertake to Ablerr that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Ablerr to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the Ablerr Platform and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Ablerr’s use of the User Submissions, or any portion thereof, on or through the Ablerr Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using the Ablerr Platform and/or the Services. You further represent, warrant and undertake to Ablerr that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the Ablerr Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the Ablerr Platform; (c) use the Ablerr Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Ablerr Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the Ablerr Platform, or any processes that run or are activated while you are not logged on to the Ablerr Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the Ablerr Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Ablerr Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of Ablerr Platform.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Ablerr Platform and/or the Services.
8. Registration and Security
8.1 Opening of the Ablerr Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with Ablerr (“Ablerr Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Ablerr and select a password and user name (“Ablerr User ID”). If you are accessing the Services through a Third Party Website or service, Ablerr may require that your Ablerr User ID be the same as your user name for such Third Party Website or service.
8.2.2 You shall provide Ablerr with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Ablerr Account.
8.2.3 You represent that you shall not: (a) Select or use as an Ablerr User ID a name of another person with the intent to impersonate that person, or (b) Use as an Ablerr User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Ablerr reserves the right to refuse registration of or to cancel an Ablerr Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews - Further correspondence - Rights to User Content
9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Ablerr platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded Ablerr credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Ablerr credits. Ablerr further reserves the right to deduct any credits directly from your Ablerr account without prior notice.
9.2. By posting a review, you grant Ablerr the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Ablerr reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
9.3.2. such content is accurate and not misleading; and
9.3.3. use and posting or other transmissions of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
9.5. You further grant Ablerr the right to pursue at law any person or entity that violates your or Ablerr's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
obligation to treat such content as proprietary information. Without limiting the foregoing, Ablerr reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Ablerr is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Ablerr. Ablerr shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
10.1 Booking Confirmation
10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Ablerr Platform is solely for reference only. The actual time required for confirmation may vary.
10.2 Purchase and Use of the Vouchers
10.2.1 Through the Ablerr Platform, you may purchase vouchers from Ablerr for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, which may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Ablerr nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.3 Terms of the Vouchers
10.3.1 The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the Ablerr Platform.
10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.4 Cancelation of Vouchers
10.4.1 You may cancel your Voucher by contacting Ablerr customer service within the cancellation period, as stated at the time of purchase on the Ablerr Platform. Cancellation windows vary on a case-by-case basis. A Voucher cancelled with the required notice will be refunded in full to the credit card you used to purchase such vouchers.
10.4.2 The Operator, not Ablerr, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Ablerr Platform at the time prior to purchase.
10.4.4 If an Event in which you have purchased a Voucher is cancelled by the Operator, Ablerr will notify you as soon as reasonably practicable and will process a full refund to the credit card you used to purchase such Voucher.
10.5 Required Assistance
10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact Ablerr at support@Ablerr.com, and Ablerr will try to liaise with the Operator for an appropriate remedy.
10.6 Additional Charges
10.6.1 Ablerr reserves the right to require payment of fees or charges for any Services offered by Ablerr. You shall pay all applicable fees or charges, as described on the Ablerr Platform in connection with such Services selected by you.
10.7 Modifications to Charges
10.7.1 Ablerr reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Ablerr Platform. Your use, or continued use, of the Services offered by Ablerr following such notification, constitutes your acceptance of any new or revised fees or charges.
10.8 Ablerr’s Rights and Obligations
10.8.1 Ablerr reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Ablerr’s sole discretion.
10.8.2 Ablerr intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
10.8.3 Whilst the Operators are required to provide Ablerr with accurate and updated prices of the Services on the Ablerr Platform, Ablerr cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
10.9 The above terms and conditions & return policies are applicable to all Ablerr users worldwide.
11. Discounts
11.1 Ablerr Credits
11.1.1 Ablerr Credits are points that are awarded to you and will be accumulated in your Ablerr Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from Ablerr’s platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) Ablerr Credits may be used to offset one Australian Dollar (AUD$1.00) of the total checkout price. Conversion into any other currencies will be calculated based on the exchange rate Ablerr uses on the date of your purchase offset.
11.1.2 Ablerr Credits may be earned through the following means and the amount of Ablerr Credit received may vary with each purchase and is at the sole discretion of Ablerr: (a) rebates from previous purchases (b) earning through any means authorized by Ablerr at its sole discretion (c) submission of activity review after successfully completing any eligible Ablerr activities you purchased
11.1.3 You will only receive Ablerr Credits for the first ten activities you have reviewed in any calendar month. If you have completed the same activity more than once in the same month, you will only receive Ablerr Credits for the first review you have submitted for that activity.
11.1.4 All Ablerr Credits earned at any time will expire 365 days after the last valid Ablerr Credits Eligible Transaction. A “Ablerr Credits Eligible Transaction” includes the unrefunded purchase of any Services from Ablerr’s platforms and other activities for which Ablerr Credits are awarded, such as leaving reviews for applicable Services. If any purchase is refunded, your Ablerr Credits will be adjusted, and your Ablerr Credits will be valid for 365 days since your last Ablerr Credits Eligible Transaction. All expired Ablerr Credits will be forfeited and cannot be reinstated. For any Ablerr Credits earned on or before 30 June 2022, the 365-day period for the Ablerr Credit earning activity will start to count on 1 July 2022.
11.1.5 Booking and delivery fees and charges are not eligible for earning Ablerr Credits, nor can Ablerr Credits be used to redeem or deduct booking and delivery fees and charges
11.2 Ablerr Coupons
11.2.1 Ablerr Coupons are coupons with a one-time use and will not be returned if used they will be sent to your designated email address or applied directly to your Ablerr Account, which may be used in exchange for discounts on future bookings on the Ablerr Booking Platform. For the avoidance of doubt, once you have used the Ablerr Coupons on the Ablerr Booking Platform, such Ablerr Coupons will not be returned or refunded under any circumstances.
11.2.2 Ablerr Credits may be attained through the following means: (a) You may receive Ablerr Coupons through the Ablerr Referral Program, as further elaborated on in Clause 11; or (b) You may receive Ablerr Coupons by other authorized means as determined at Ablerr’s sole discretion.
11.3 Abuse of Discounts
11.3.1 In the event where it has come to Ablerr’s attention that the Ablerr Credits or Ablerr Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Ablerr, Ablerr reserves the right to the following: (a) Termination of your Ablerr Account with immediate effect; or (b) Cancelation of all Ablerr Credits or Ablerr Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by Ablerr at its sole discretion.
12. Ablerr Referral Program
12.1 The Program
12.1.1 On certain Ablerr Sites, Ablerr may offer members the chance to earn Ablerr Coupons, when they invite friends to become members of a Ablerr Site and those friends make a confirmed booking through an authorized Ablerr invitation channel (“Ablerr Authorized Channel”) (e.g. an invitation sent through the Ablerr Platform, Facebook or another social media channel as supported by Ablerr).
12.2 Terms
12.2.1 You may only earn Ablerr Coupons via Ablerr’s authorized member invite mechanisms. Referrals outside of the Ablerr Authorized Channel will not result in any Ablerr Coupons. You understand that Ablerr Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
12.2.2 You will only receive Ablerr Coupons for the first confirmed booking made by a friend who makes his or her first booking on the Ablerr Sites and subsequently completes his or her first booking as a result of an invite from you via an Ablerr Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Ablerr Coupons, and Ablerr will have no liability to you for your friend’s failure to follow directions.
12.2.3 You agree that having multiple Ablerr Accounts is a violation of this Terms of Use and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent the Ablerr Referral Program system may, without limiting any of Ablerr’s other rights or remedies, result in forfeiture of your membership and all Ablerr Coupons in your Ablerr Account.
12.2.4 You must not conduct your own promotion in connection with the Ablerr Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Ablerr, including the use of any trademarks of Ablerr.
12.2.5 Ablerr reserves the right to void referrals and Ablerr Coupons earned if it is suspected that the referrals or Ablerr Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Ablerr.
12.2.6 Ablerr Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on the Ablerr Platform
12.2.7 Ablerr reserves the right to modify the values and rewards of the Ablerr Referral Program based on each user's activity.
12.2.8 Ablerr Referral Program is void where prohibited by law. Ablerr reserves the right to modify or terminate the Ablerr Referral Program at any time. Should there be any tax liability for the accumulation and/or use of Ablerr Coupons, such taxes are the sole responsibility of the participant. You understand that your Ablerr Account may not accurately reflect the Ablerr Coupons you have actually earned. Ablerr will have no liability for any errors displayed in your Ablerr Account.
13. Privacy Policy
13.1 Privacy Policy
13.1.1 For Ablerr’s policy relating to its use of your personal data, please review Ablerr’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
14. Indemnity
14.1 Ablerr’s Indemnification
14.1.1 You will indemnify and hold Ablerr, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the Ablerr Platform, use of the Ablerr Platform, your violation of this Terms of Use, or the infringement of any intellectual property or other rights of any person or entity by you or any third party using your Ablerr User ID.
14.2 Ablerr’s Involvement
14.2.1 Ablerr may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Ablerr without Ablerr’s prior written approval. Ablerr reserves the right, at its expense and upon notice to you to assume exclusive defence and control of any claim or action.* 15. Disclaimers and Limitations of Liability
15.1 Parties’ Relationship
15.1.1 Ablerr has no special relationship with or fiduciary duty to you for accessing and using the Ablerr Platform and the Content. You acknowledge that Ablerr has no control over, and no duty to take any action regarding: (a) Which users gain access to this Ablerr Platform; (b) What content you access via the Ablerr Platform; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
15.2 Services and Comments
15.2.1 You acknowledge and agree that the Operators may offer the Services on the Ablerr Platform, and that suggestions or recommendations may be given by the Operators or Users of the Ablerr Platform. Ablerr makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the Ablerr Platform.
15.3 Exemption of Liability
15.3.1 In no event will Ablerr, the Ablerr Platform, or any of Ablerr’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Ablerr Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the Ablerr Platform, tools or Services we provide related to the business we operate on the Ablerr Platform by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
15.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
15.3.3 This Ablerr Platform, including all content, software, functions, materials and information made available on or accessed through the Ablerr Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Ablerr makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the Ablerr Platform or the materials, information and functions made accessible through the Ablerr Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Ablerr Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
15.3.4 You acknowledge and agree that any transmission to and from the Ablerr Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Ablerr and by posting information on the Ablerr Platform, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Ablerr other than pursuant to this Terms of Use.
15.3.5 You acknowledge and agree that you will not hold or seek to hold Ablerr responsible for the content provided by any Operator or third party and you further acknowledge and agree that Ablerr is not a party to any transaction in relation to the Services provided by any Operator or third party. Ablerr has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the Ablerr Platform.
15.4 Remedies
15.4.1 If you are dissatisfied with the Ablerr Platform, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Ablerr or another user of the Ablerr Platform with respect to this Terms of Use or this Ablerr Platform, your sole and exclusive remedy against Ablerr is to discontinue use of the Ablerr Platform.
15.4.2 In any event, to the fullest extent permissible by the applicable law, Ablerr’s liability, and the liability of any member of Ablerr, to you or any third party in any circumstance arising out of or in connection with the Ablerr Platform is limited to the greater of (a) The amount of fees you paid to Ablerr in the twelve months prior to the action giving rise to liability; or (b) Australian Dollars 500.00 in the aggregate for all claims.
16. Interaction with Third Parties
16.1 Links to Third-Party Websites
16.1.1 This Ablerr Platform may contain links to third-party websites or services (“Third Party Websites”) that are not owned or controlled by Ablerr, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Ablerr of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
16.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
16.1.3 Ablerr has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Ablerr will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Ablerr harmless from any and all liability arising from your use of any Third Party Website.
16.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
16.2 Ablerr’s Responsibility
16.2.1 You agree that Ablerr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Ablerr is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Ablerr, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
17. Payment
17.1 In order to ensure adequate operational support for customers in respect of refunds and cancellations (where applicable), the following Ablerr entities shall be responsible for transactions conducted in the following currencies:
(a) in respect of transactions in AUD/NZD, Abilia Australia (Australia) Pty Ltd;
18. Cancellation Policy
Unless specifically mentioned otherwise in the cancellation policy, Ablerr does not charge a processing fee for cancellations
Any cancellations received after the cancellation due date specified in the confirmation email (including requests made within this period) are subject to a minimum of a 1 (ONE) night cancellation fee unless you are notified otherwise in the confirmation email.
Failure to arrive at your hotel will be treated as a late cancellation and will incur a minimum cancellation fee of one (1) night, or more, per room, unless otherwise specified in the confirmation email.
Any changes to your reservation must be made through Ablerr and not directly with the provider. This applies to the change of dates, the extension of stay, early checkout, delay of arrival or cancellation in full or in part. Any problems or questions on your reservation prior to arrival or during your stay at the hotel should be directed to our Ablerr Customer Support Specialists. We must be notified of all cancellations within our normal office hours from 08:00-16:00 (AEST).
19. Termination
19.1 Termination by Ablerr
19.1.1 These Terms of Use shall remain in full force and effect while you use Ablerr Platforms or the Services. Ablerr may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Ablerr may also terminate or suspend any and all Services and access to the Ablerr Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
19.2 Effects of Termination
19.2.1 Upon termination of your Ablerr Account, your right to use the Services, access the Ablerr Platform, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
19.2.2 If this Terms of Use is terminated as a result of your breach, Ablerr reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
20. Documents, Licenses & Insurance
20.1 Your Responsibilities
20.1.1 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.
20.1.2 Ablerr strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
21. Governing Law
21.1 These Terms of Use shall be governed by the laws of the Queensland Special Administrative Region of Australia. You agree to submit to the non-exclusive jurisdiction of the Queensland court.
22. Miscellaneous
22.1 Severability
22.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
22.2 Assignment
22.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Ablerr’s prior written consent. Ablerr may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
22.3 The Terms of Use have been drafted and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
23. Contact
23.1 Please contact Ablerr at support@ablerr.com.au to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.
