Terms & Conditions

1. About the Website

Welcome to breakz.com (“the Website”).

The Website is owned and operated by Breakz (or “we”). Access to and the use of the Website is and the Properties available through the Website (collectively, “Services”) is subject to the following terms, conditions and notices. Please read these terms and conditions (the “Terms”) carefully.

The Website is a holiday accommodation listing platform for use and viewing by Property Managers, Owners & Guests.

As the provider of the Website, we do not own, control, offer or manage any Listings or Properties. We are not a party to the contracts entered into directly between Property Managers and Guests, nor are we a real estate broker, travel agency, or insurer. We are not acting as an agent in any capacity for any Property Manager, Owners or Guest, except as payment agent for the Property Manager.

In the Terms:

• “Bond” means a sum of money to be collected and held by Breakz in case there is any damage caused to the Property and/ or loss incurred by the Owner to the Property arising out of the use of the Property by the Guest.
• “Booking” means a Booking made by a Guest of a Property through the listing of the Property on this Website.
• “Booking Fee” means any fees paid by the Guest to book a Property;
• “Channel Manager” is a company that has developed a tool enabling Properties to be displayed for rent or holiday letting on linked Booking websites.
• “Listings” are all of the information including images, text and other content on this Website provided by the Property Manager in relation to Properties offered for rental.
• “Owner” means the owner or lessee of a Property being offered for rent via the Property Manager who is acting as an agent on their behalf.
• “Payment Gateway” means the online payment service(s) used by Breakz at the relevant time for the purpose of receiving and making payments associated with the Booking of Properties through this Website.
• “Property” or “Properties” means a property or properties being offered by the Owner through the Property Manager for rent;
• “Property Manager” means either a professional who rents, lets or manages a Property on behalf of the Owner, or a property owner who has engaged with us directly. “Property Manager”, includes its employees, representatives, consultants and contractors.
• “Guest(s)” or “you” means a person(s) who rents the Property via a Booking made on the Website.
• “Guest Service Fee” means the fee payable by a Guest for each Booking made on the Website.

2. Amendments & acceptance of Terms

The Terms are a binding legal agreement between you and Breakz that govern your use of the Website and the provision of the Services to you by Breakz. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Breakz. By using or accessing the Website, Breakz platforms or systems, you acknowledge that you agree to and are subject to the Terms and our Privacy Policy. Breakz does not authorise anyone to register with or to otherwise use this Website unless they have the capacity to enter into legally binding contracts.

Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms, as amended.

We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon a Booking made through this Website or if no Booking is made, publication on this Website.

3. Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Th Website is a place where:

• Guests can view Listings.
• Owners can view Listings and Bookings.
• Property Managers can provide and update Listings and manage Bookings for Owners and Guests.

We are not and do not become a party to any contractual relationship between the Guest and the Property Manager in respect of any Booking. The Property Manager is solely responsible for the fulfilment of the Booking and condition of the Property.

This Website contains Listings provided by the Property Manager. The content of the Listings is the responsibility of the Property Manager and Breakz has no responsibility for such content. We take reasonable care in providing our Website, but we can’t guarantee that everything on it is accurate as we get information from the Property Managers. To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information, though we will do everything we can to correct/fix them as soon as we can.

Our Website is not a recommendation or endorsement of any Property Manager or its products, services, facilities, vehicles, etc.

4. Linked sites

This Website may contain links to other Websites (“Linked Sites”), which are not operated by Breakz including but not limited to Channel Managers. Breakz has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and service contained within each such site.

5. Booking Fee

In order to access the Services, you must first pay a Booking Fee to book a  Property through the Website. At the time of payment of the Booking Fee you, if you have not already done so, will be required to register for an account through the Website before you can access the Services (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 (such as identification or contact details), including email address; password; and country of residence. You warrant that any information you give to Breakz in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you agree to be bound by the Terms and you will be granted immediate access to the Services from the time you have completed the registration process until your Account is terminated in accordance with clause 19.

Where a Listing is in a country other than Australia, payment will be in the native currency of the country where the Listing is located, unless otherwise agreed with the Property Manager.

6. Your obligations as a user of this Website

You agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Breakz of any unauthorised use of your password or email address or any breach of security of which you have become aware.

(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Breakz providing the Services;

(e) you will not use the Services or the Website in connection with any commercial endeavours except as Property Manager, or those that are specifically endorsed or approved by the management of Breakz.

(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) 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. Appropriate legal action will be taken by Breakz for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited without the permission of the management of Breakz.

7. Payment

All Booking Fees shall be paid by you by way of credit card at the time of the Booking. All Booking Fees include any Guest Service Fee payable for the use of our Service as well as any applicable credit card surcharge. We reserve the right to determine the percentage payable as the Guest Service Fee in our absolute discretion.

In using the Website, the Services, or when 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 Payment Gateway terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Booking Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including legal costs, interest, banking fees and charges, associated with the Subscription Fee as a debt due and payable under this agreement .

Until a Booking is made, you acknowledge that Breakz can vary the Booking Fee at any time.

All payments are processed by Breakz and settled with the Property Manager on the day the Guest checks into the Property. The Bond will be refunded 10 days after checkout unless the Bond is held by the Property Manager due to damage at the Property. The Guest will be notified by email that the Bond has been held and the reason for this. The Property Manager will supply photo evidence and quotes to rectify the damage, which will be taken out of the Bond before it, if any, is refunded to the Guest.

8. Cancellations and Refund Policy

If you cancel a Booking or don’t show up, any cancellation/no-show fee or refund will depend on the Property Manager’s cancellation/no-show policy as set out on the Website. Some Bookings can’t be cancelled for free, while others can only be cancelled for free before a deadline.

Breakz will only provide you with a refund of the Booking Fee as directed by the Property Manager. We reserve the right to retain any guest service fee we have charged within the Booking Fee for any cancellation.

9. Obligation imposed on Breakz

Breakz shall:

(a) collect money for Bookings by Guests & Bonds

(c) manage reviews posted for Property Managers, Owners and Guests;

(d) facilitate the communication between the Guest and the Property Manager; and

(e) not hold any credit card details.

10. Restrictions on the use of the Website by the Guest.

The Guest, in using the Website, will be able to:

(a) search Listings;

(b) initiate payments to the Property Manager;

(c) view Bookings of Properties;

(d) cancel Bookings of Properties and in such an event, if a Booking is charged in a currency other than Australian dollars, the payment and refund of the Booking Fee shall be based on the currency exchange rates and bank exchange fees at the time of such refund and as such may vary from the initial Booking Fee; and

(e) communicate with the Property Manager.

11. Guest’s Communications and Reviews

Guests must only provide accurate, complete and truthful information relating to their identity, and any other communications on the Website, including reviews of Properties.

Breakz expressly disclaims any liability for any review posted on this Website. Breakz does not and realistically does not have the resources to verify the accuracy or otherwise of reviews posted on this Website.

12. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at https://breakz.com/index.php/privacy-policy. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

13. Prohibitions

You must not misuse this Website. You will not:

(a) commit or encourage a criminal offense;

(b) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(c) hack into any aspect of the Service, corrupt data, cause annoyance to other users;

(d) infringe upon the rights or any other person’s proprietary rights;

(e) send any unsolicited advertising or promotional material, commonly referred to as “spam”;

(f) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website[SH1] [HW2] ;

(g) decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source code for the Website;

Breaching this provision would constitute a criminal offense and Breakz will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial or service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

14. Copyright and intellectual property

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

All trademarks, service marks and trade names are owned, registered and/or licensed by Breakz, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a subscriber to the Service to use the Website pursuant to the Terms.

15. Disclaimer of liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

To the fullest extent permitted by law, Breakz hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

This does not affect Breakz’s liability for death or personal injury arising from its negligence, fraudulent representation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Your use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents and contributors of Breakz make any express or implied representation or warranty about the content, Listings  or Properties referred to on the Website. This includes (but is not restricted to) loss or damage, loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss 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 the 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 content, or any of its content related products (including third party material and advertisements on the Website);
• Costs incurred as a result of you using the Website, or any Bookings made by you; and
• The content or operation in respect to links which are provided for convenience.

Breakz has used reasonable efforts in collecting, preparing and providing quality information and materials and whilst Breakz endeavors to ensure the information on this Website is correct, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the Website remains available and that the material on this Website is kept up to date.

Breakz total liability arising out of on in connection with the content of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Booking Fee paid by you in relation to the Booking in which the liability relates.

You agree to indemnify and hold Breakz forever harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred resulting from your breach of the Terms, your use of the Website, any fraud committed by you, any violation of laws or rights of a third party by you, unless the same results from the gross negligence or willful misconduct of us. We reserve the right, at your expense, to assume the exclusive defense of any matter subject to indemnification by you and you agree to co-operate with us in such defense.

All advice or information published by us on the Website is for background information purposes only and nothing published on the Website constitutes financial advice or formal property or renting advice. We recommend that you discuss your individual needs and requirements with an appropriately qualified professional.

We do not conduct any background checks on Owners, Properties, Property Manager, or Guests.

We bear no responsibility for damage done to any Property caused by you.

Breakz does not accept any liability in relation to any contract entered into between the Property Manager or Holiday Specialist and Owner. Nor do we accept any liability for a Property Manager failing to fulfil a booking or a Property failing to meet the description in the Listing.

Guests are advised to obtain suitable travel insurance to cover their Booking, including in the event they have to cancel their Booking and to ensure that the insurance it purchases is adequate and appropriate for the Guest’s particular needs.

16. Indemnity

To the maximum extent permitted by applicable law, you agree to release and indemnify, and Breakz and their personnel harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, arising out of or in any way connected with: (i) your breach of these Terms (ii) your stay at a Property, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iii) your breach of any laws or regulations.

17. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

18. Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Breakz and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Breakz.

19. Waiver

If you breach the Terms, failure by Breakz to take action will not constitute a waiver of their rights and remedies arising from that breach and Breakz will reserve entitlement to enforce their rights and remedies in relation to that breach or any other situation where you commit a breach of the Terms. Any waiver of any provision of the Terms will be effective only if it is in writing and signed by Breakz.

20. Termination of Contract

The Terms will continue to apply until terminated by either you or by Breakz as set out below.

If you want to terminate the Terms, you may do so by:

(a) providing Breakz with a minimum 30 days’ written notice of your intention to terminate; and

(b) closing your accounts for all of the services which you use, where Breakz has made this option available to you.

Your notice should be sent, in writing, to bookdirect@breakz.com.

Breakz may at any time, terminate the Services and Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Breakz is required to do so by law;

(c) the provision of the Services to you by Breakz is, in the opinion of Breakz, is no longer commercially viable;

(d) you appear unlikely to be able to pay your debts; or

(e) Breakz provides you with 30 days’ written notice to you of their intention to terminate.

Where a breach has occurred, Breakz may retain all money paid  in advance.

21. Prohibitions

You must not misuse the Website. You will not commit or encourage a criminal offence, transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data, cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breakz will not be liable for any damage caused by distributed denial of service attack, viruses or other technologically harmful material due to your use of the Website or to your downloading of any material posted on it, or any website linked to it.

22. Dispute Resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the parties have genuinely attempted to mediate the dispute.

23. Venue and Jurisdiction

The Services offered by Breakz is intended to be viewed by residents of Australia. 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 shall be in the courts of New South Wales, Australia.

24. Governing Law

The Terms are governed by the laws of New South Wales, 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 hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

25. Severance

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