CUSTOMER TERMS & CONDITIONS
These terms and conditions (Terms) form the agreement between HOTELBOSS PTY LTD (ABN 68 611 763 538) of Bondi Beach NSW 2026 (Us, Our and We) and the customer (You, Your) regarding Your use of the HOTELBOSS application or Our other services.
The HOTELBOSS app service is a technology platform that allows You to browse, place orders, earn and redeem loyalty rewards and make payment for food, beverage, housekeeping, tours and activities (Products) supplied by any registered merchant and hotel (Merchant) via our HOTELBOSS application on internet enabled devices, any cobranded sub-domains, new software, co-branded internet services (for example slack, devices or networks) existing now or later developed (App), HOTELBOSS website at www.hotelbossapp.com or any other website through which we make the Services available (collectively, the Site) and/or the integrated HOTELBOSS point of sale service (POS) and to interact with you via the Site and App (Service). In these Terms, the App, Site or POS as appropriate is referred to as HOTELBOSS.
When You sign-up for the Service via the Site or App and become a registered customer of HOTELBOSS, You agree that the Service will be provided on the basis of these Terms.
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, revocable, non-transferrable licence to:
1. Access and use HOTELBOSS solely in connection with Your use of the Service; and
2. Access and use any content, information and related materials that may be made available through the
Service, in each case solely for Your personal and non-commercial use. Any rights not expressly granted
herein are reserved by Us.
NATURE OF THE SERVICE
You acknowledge and agree that:
1. We are not a producer, supplier or reseller of the Products;
2. Any contract for the supply of Products is strictly between You and the relevant Merchant;
3. We do not make any representations or warranties regarding the quality, availability or preparation of the
Products or that the Products supplied by the Merchants are fit or safe for consumption and You agree to
relieve Us from any liability whatsoever in this regard;
4. All orders and deliveries for Products are dependent on and subject to the availability of the relevant
Merchant and the availability of the Merchant’s staff and opening hours at the relevant time;
5. We reserve the right at all times to refuse to provide the Service to You, terminate Your access to
HOTELBOSS or remove or cancel Your order at Our sole discretion, in which case a refund will be offered
6. You accept full responsibility for providing accurate details (including verification of ingredients in respect
of any allergies or specific dietary requirements specific to You) when placing an order through the
7. We agrees to provide the Services, to the best of Our ability, within the timeframe as set out in the
Schedule (if any). If there are delays caused by the actions of you, or as a result of previously unknown
contingencies, including Force Majeure Events, the parties agree that this may delay the delivery of the
Services and You will have no claim against Us in this regard. A Force Majeure Event means an event or
circumstance which is beyond the control and without the fault or negligence of HotelBoss and which by
the exercise of reasonable diligence HotelBoss was unable to prevent including but not limited to the
following (a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not)
acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or
compulsory acquisition by any governmental or competent authority; (b) earthquakes, flood, fire or other
physical natural disaster, Act of God, or inclement weather; (c) epidemics; and (d) strikes at national level
or industrial disputes or industrial action at a national level, or lockouts;
8. You agree that We may be required to engage third party contractors to complete the Services. The cost
of third party contractors will be included, where required, in the fees. You agree that We are not liable
for the actions or services provided by third party contractors.
PAYMENT AND CHARGES
1. You will make payments to Us for the Services provided from time to time as agreed between the parties
and at the rate and in the manner as specified by Us from time to time in the App.
2. Any GST assessed on the Services will be payable by You in addition to the payments for the Services. GST
means any tax, impost or duty, including any goods and services, consumption, value added or similar tax
applying on goods, services, or other things introduced by the Commonwealth, a State or Territory
(whether before or after the date of these Terms ) which is charged or levied on goods, services or other
3. Upon registration with HOTELBOSS, You can elect to make payments on ‘pay-as-you-go’ basis.
4. If You elect to make payments on a ‘pay-as-you-go’ basis, the credit card linked to Your account will be
immediately charged each time you place an order through the HOTELBOSS app.
5. If Your preferred payment method is on a pre-paid basis, the balance of Your account (HOTELBOSS
Balance) must have sufficient credit for the total amount of the order. At any time, You can add credit to
Your HOTELBOSS Balance.
6. The balance of Your HOTELBOSS Balance may at any time and at Your election be topped up.
7. By electing to automatically top-up You agree to provide a recurring payment authority to Us to
automatically top up Your account by an agreed amount when Your balance reaches a minimum balance
8. You will be charged immediately after You have placed an order for Products through HOTELBOSS using
the payment method associated with Your account. All amounts paid are non-refundable unless
otherwise determined at Our sole discretion.
9. Orders for Products cannot be cancelled once processed by HOTELBOSS.
10. HOTELBOSS reserves the right to include as additional charges on Your Order any third party payment
processing costs incurred through Your choice of payment method.
1. We may from time to time offer promotions or vouchers to registered customers free of charge or for
value through HOTELBOSS.
2. Any promotions or vouchers offered through or purchased from HOTELBOSS cannot be transferred,
redeemed or refunded for cash or used beyond their respective expiry dates as noted on the voucher.
3. You are solely responsible for the security and use of any promotions or vouchers and We are not
responsible and will not provide a refund for any loss or damage to those promotions or vouchers and
have no obligation to replace them for any reason.
4. We have no obligation to redeem any promotion or voucher which appear in Our sole discretion to have
been tampered with or forged.
If there is an issue with the Services, and You notify Us within 30 days of the completion of the Services of the issue, and the issue is as a result of Our provision of the Services, We agree to rectify the issue. If you do not notify HotelBoss of the issue within 30 days of the completion of the Services, then all rectification will be at your sole cost.
The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
Any other warranty offered by Us is in addition to any rights and remedies that you may have under the Australian Consumer Law.
TEMPORARY UNAVAILABILITY OF HOTELBOSS
We take no responsibility for, and will not be liable for, HOTELBOSS being temporarily unavailable for reasons of conducting maintenance, improvements to Our systems or due to technical issues beyond Our control.
INFORMATION THAT WE COLLECT
Upon registration of Your account with HOTELBOSS, personal information (as defined in Section 7, below) is
All of the content of HOTELBOSS, including all text, software, scripts, flash files, java script, graphics, photos,
sounds, music, videos, interactive features and the like (Content) and the trade marks, service marks and logos contained therein (Marks) are owned by or licensed to Us. The use of the Content and Marks is subject to copyright and other intellectual property rights under Australian laws and international conventions.
You acknowledge and agree that all Intellectual Property in the process, tools and knowledge which We use to provide the Services are and remain under the control and/or property of HotelBoss and You shall not acquire any right, title or interest in the Intellectual Property, except as provided in these Terms and Conditions.
If We develop any works, marks, designs, ideas, know-how or trade secrets derived from or incorporating the Services, in respect of which We or you obtain any intellectual property rights, You hereby assign and transfer all of Your right, title and interest to Us, without further consideration.
You agree not to:
1. Engage in the use, copying, reproduction, modification or distribution of any of the Content or Marks
including, without limitation, using, copying, distributing, displaying, reproducing or transmitting in any
form or by any means without Our prior written consent;
2. Copy, use, market, distribute, alter, modify, sell, mortgage, grant a lien or otherwise deal with the
3. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying or otherwise data
mining any portion of HOTELBOSS or unduly burdening or hindering the operation and/or functionality of
any aspect of HOTELBOSS; or
4. Attempt to gain unauthorised access to or impair any aspect of HOTELBOSS or its related systems or
LINKS TO THIRD PARTIES
We may provide links to third party websites outside our Site that are not under Our control and we cannot accept responsibility for or liability in respect of the content of those websites. Prior to disclosing Your personal information on any other website, we advise You to examine the terms and conditions of using that website and any associated privacy statement.
To the extent permitted by law, You indemnifies Us, Our servants, agents and employees against all claims,
demands, damages, liabilities, expenses and losses arising from or resulting, either directly or indirectly from the provisions of the Services by Us to You or the Your use of the Services. The liability of HotelBoss in damages (including special, indirect or consequential damages, which damages will be deemed to include loss of revenue, loss of profit and loss of opportunity) in respect of any act or omission of Us in connection with its obligations under these Terms will not exceed the amount of one hundred dollars (AUD100), even if HotelBoss has been advised by You as to the possibility of such loss being incurred.
You agree, regardless of the act or negligence on the part of Us, Our employees, servants or agents, to release, hold harmless and indemnify Us from and against all liabilities, claims, damages, losses, costs and expenses of any nature howsoever occurring and any death or injury caused including but not limited to wilful misconduct which may accrue against or be suffered by Us arising out of or in any way connected with the provision of the Services.
You may terminate this agreement by notifying Us at the following email address: email@example.com
We may immediately terminate this agreement, in Our absolute discretion and without notice to You, by:
1. Terminating your use of the App and/or Website; and/or
2. Notifying you by email.
The provisions of these Terms relating to Intellectual Property continue to have effect despite any termination of
Following the termination of this Agreement, we will refund to You, Your HOTELBOSS app Balance to an Australian bank account notified to Us by You, less any money owed to Us by You. We will make payment within 60 days of notification of the bank account by you.
1. Termination of this agreement does not affect either party’s accrued rights or liabilities.
2. Termination of these Terms and or any other agreement to provide Services will be without prejudice to
any claim which We may have in law or equity arising from any breach of these Terms by You
3. We may make a change to the terms and conditions of this agreement at any time without notice and You
agree to be bound by such changes.
4. If any provision of these Terms is void, unenforceable, or illegal in its terms, but would not be void,
voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that
provision will be read down accordingly, If a provision is still void, voidable, unenforceable or illegal if a
word or words were omitted, that word or those words are severed, then the remainder of these Terms
will be of full force and effect
5. The Terms of this agreement are governed by the laws of New South Wales.
6. Any queries in relation to these Terms should be addressed to: firstname.lastname@example.org
You can contact HOTELBOSS as follows:
. Phone: (TBA)
. Email: email@example.com
. Post: PO Box 374, Bondi Road Post Office, 127 Bondi Road, Bondi NSW 2026
HOTELBOSS welcomes feedback (good and bad), so please let us know how we can make the HOTELBOSS App Service better for you!