Terms and Conditions

Terms & Conditions

UBookDirect
Website Terms of Use


Welcome to UBookDirect.

Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website (including any desktop and mobile versions of it).


Operative Provisions

1.    Acceptance and modification of these Terms of Use
1.1.     You may only access, browse and use our Website (including any desktop and mobile versions of it) if You accept these Terms of Use. By accessing, browsing and/or using Our website, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy). 
1.2.     If You are accepting these Terms on behalf of a company or other legal entity (whether as authorized employee, agent or attorney), You represent that You have the authority to bind such entity and its Affiliates to these Terms and any Agreement, in which case the terms “You” or “Your” shall refer to such entity and its Affiliates.
1.3.     We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy) from time to time without notice. 
1.4.     We will always upload the latest version of these Terms of Use to this webpage. 
1.5.  If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it. 

2.    Website Registration
2.1.  We reserve the right to accept or reject any person's registration on the Website in Our absolute discretion.
2.2.  Free Trial Users must register on the Website prior to use.
2.3.  If You submit an application to register on the Website, You will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only. 
2.4.  You must ensure that You provide a valid email address at the time of registration. 
2.5.  We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Website if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.
2.6.  If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your User Account with Your up-to-date details and information.
2.7.  You must not provide Your User Account name or the password for Your User Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your User Account (including unauthorised use).
2.8.  You must immediately notify Us if You become aware of any unauthorised use of Your User Account.
2.9. You may cancel Your registration on the Website at any time. You will not be entitled to any refund of any pre-paid fees (whether paid by your or your Employer) if You cancel Your account in accordance with this clause 2.9. 


3.    Availability of Website 
3.1.  We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
3.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters. 


4.    Website usage restrictions
4.1.  You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:
(a)      copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Australian Copyright Act 1968 (Cth));
(b)     do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors; 
(c)      use the Website in any way that infringes Our rights or the rights of any third party; 
(d)     use the Website to create any product or service that competes with the Website; or
(e)      take any steps to circumvent any technological protection measure or security measures in the Website.
4.2.  You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
4.3.  You must not use the Website or any part of the Website in breach of these Terms of Use.
4.4.  You agree that:
(a)      using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
(b)     using the Website in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
(c)      using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited by these Terms of Use;
(d)     introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
(e)      using the Website to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
(f)       using the Website to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(g)     using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
(h)      using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
(i)       using the Website to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
(j)       using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Website is strictly prohibited by these Terms of Use;
(k)      sending unsolicited email messages through or to users of the Website in breach of the Australian Spam Act 2003 is strictly prohibited by these Terms of Use;
(l)       using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
(m) use of the Website in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use. 


5.    Registered User plans and Fees
5.1.  Only users who have a User Account ("Registered Users") may access the Website Services.  If your User Account is being paid for by your employer or other corporate sponsor (“Sponsor Entity”), We may initiate registration of a User Account on Your behalf.
5.2.  If You are a Sponsor Entity You may, upon payment of any applicable Fees, include and register nominated individuals (“Sponsored Users”) via Your Sponsor Account who may then access the Website through a User Account. 
5.3.  Once registered through a User Account, each Individual User becomes a Registered User for the purposes of these Terms and each Individual User accepts and is bound by the provisions of these Terms.  
5.4.  You agree and acknowledge that if You become a Registered User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Website.
5.5.  Each Registered User, or their Sponsor Entity, must pay any fees and charges set out on the Website (or as otherwise agreed between Us and the Registered User or Sponsor Entity in writing) for the plan selected during signup for a User Account ("Fees”) at the time and in the manner set out in the Website, plus any GST or government tax that is applicable in respect of the supply of the Website Services to the Registered User. Any applicable GST is payable at the same time as the Fees.
5.6.  If the Website specifies a minimum term for any subscription plan, then the subscription of a Registered User for the Website Services is for that minimum term ("Minimum Term").
5.7.  A Registered User may only access the Website Services solely for the purpose(s) specified on the Website and subject to the provisions set out on the Website and in these Terms.
5.8.  Free Trial Users may have limited access to the Website or Services and such access will only be granted for the duration of the Free Trial or as otherwise determined by Us in our sole discretion.
5.9.  You must pay all costs associated with accessing the Website, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs and roaming charges.
5.10. Without limiting Our rights and any other provision of these Terms, if a Registered User fails to pay the Fees in accordance with the requirements of these Terms, We may suspend and/or terminate the Registered User's access to the Website Services and its Registered User Data hosted in the Website Services.  At the end of any period of subscription for which You or your Sponsor Entity has paid, and subject to the other provisions of these Terms, provided you or your Sponsor Entity has submitted a valid payment method to us, Your subscription will be automatically renewed, unless You or Your Sponsor Entity cancels the subscription before the renewal date. 


6.    Payment Gateway 
6.1.  We utilise a third party payment gateway provided by Stripe ("Payment Gateway") to process payments made to Us via the Website. 
6.2.  Payments for travel services provided by our Partners (as defined in Section 9) may be made either to Us (in which case We will pay the booking fee to the Partner directly on Your behalf), via a third party travel booking site, or You may be provided the option of paying the Partner directly.
6.3.  If You are, or if You become a Registered User, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
(a)      that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b)      We do not warrant, guarantee or represent that unauthorised access to information and Data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
(c)     that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and
(d)      acknowledged, understood and agreed to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the "Payment Gateway Agreement"), copies of which are available on the Payment Gateway provider website at au.stripe.com.
6.4. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement. 


7.    Intellectual Property Rights
7.1.     You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
7.2.     As between You and Us, We own all Intellectual Property Rights in the Website.
7.3.     You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.
7.4.     You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. 
You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise. 

8.    Responsibility for other users
8.1.     We do not accept responsibility for the conduct of any users of Our Website.
8.2.     If You believe that another user of Our Website has breached these Terms of Use please contact Us.
8.3.     We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions. 
8.4. Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website, any sales and marketing practices of any users of Our Website and in respect of any content uploaded by or on behalf of any user into the Website. 

9.    Partner Services
9.1.     You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by: 
(a)      Your use of the Website; and/or
(b)     Your use of the Website Services.
9.2.     We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
9.3.     You acknowledge and agree that We are not responsible or liable in any way for any content or material or third party services which You may have access to through the Website, including any travel or accommodation-related services that you may access via the Website.
9.4.     We work with several partner organisations (together referred to as our “Partners”) to provide you with certain travel-related services (“Partner Services”). Whilst we make every reasonable effort to arrange for the provision of high-quality Partner Services for the benefit of our Users, your use of each Partner Service is governed by the terms and conditions issued by that Partner.
9.5.  The inclusion of a Partner Service on the Website does not indicate any representation by us as to the quality, timeliness, cost or any other aspect of that Partner or the Partner Services for which they are responsible, and we do not accept liability for any loss or damage incurred as a result of using the Partner Services. You also agree that we are not responsible or liable in any way for any content or material of Partner Services which you may access through the Website. 

10.    Liability
10.1.     Except in respect of any non-excludable guarantees or warranties that may be available under applicable law, We do not represent that the information on this Website is accurate, correct, up-to-date or error free. 
10.2.     The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
10.3.     To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data. 
10.4.To the extent that Our liability is not otherwise excluded by these Terms of Use, and to the extent permissible under applicable law, Our liability to You is limited to $ 1,000. 


11.    Termination
11.1.     We may terminate these Your access to the Website or any part of it, if at any time you breach these Terms of Use.
11.2.     We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
11.3.  Termination of these Terms of Use and access to the Website does not affect any accrued rights of either party. 


12.    Notices
12.1.     Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us. 
12.2.     You may contact Us or send a notice to Us using Our contact details that are specified on Our website at http://diamondtravelclub.com/terms by sending an email to us at bookings@diamondtravelclub.com or by writing to us at 194 Varsity Parade, Varsity Lakes, Gold Coast, QLD, 4227
12.3.     Any notice issued by hand shall be deemed delivered upon delivery.
12.4.     Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
12.5.     Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
12.6. We may send You email or other electronic messages concerning the Website from time to time.   
 
13.    General
13.1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.
13.2. Amendment: These Terms of Use may be amended by Us at any time. 
13.3. Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.
13.4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
13.5. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
13.6. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
13.7. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in Queensland, Australia. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in Queensland, Australia.


14.    Dictionary and Interpretation provisions
14.1.     Definitions
In these Terms of Use:
Business Day means Monday – Friday excluding public holidays in Queensland, Victoria.
Business Hours means 9:00am – 5:00pm on Business Days.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Privacy Policy means Our Privacy Policy located at http://[insert] .
Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.
User Account means Your account on the Website that is setup when You register on the Website.
We, Our and Us means UBookDirect Pty Ltd (ACN 617 719 614) of 194 Varsity Parade, Varsity Lakes, Gold Coast, QLD, Australia.
Website means the website owned and/or provided by Us, the homepage URL of which is http://[insert] and also includes any content, images, text and other information appearing on any page or screen of that website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.
Website Services means the services made available via the Website from time to time.
You means you, the person who accesses the Website for any reason.
 
14.2.  Interpretation
In these Terms of Use:
(a)        Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
(b)       A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
(c)        Currency refers to Australian dollars unless specified otherwise.
(d)       A reference to a statute or regulation includes amendments thereto.
(e)        A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
(f)       A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g)        A reference to time is to time in Queensland, Australia.
(h)       A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i) The words "includes", "including" and similar expressions are not words of limitation.