Terms and Conditions

CookandStay.com.au ("the Site") is an online service owned and operated by CookandStayPty Ltd ("CookandStay") (ABN 78 108 792 089).

Please read these Terms and Conditions carefully before using the Site. By using CookandStay.com.au, you are agreeing to be bound by the following terms and conditions. These terms and conditions apply to the use of any voucher, whether or not the voucher holder is the original purchaser. CookandStay provides a service to managers, agents, owners and providers ("Service Providers") of cooking schools, accommodation and other activities. CookandStay relies on information provided by them and to the extent that liability cannot be lawfully excluded, users and visitors agree to hold CookandStay harmless and agree to take any action against the respective managers, agents, owners or providers. Please read these details and contact us if you need any further information or explanation.

Bookings are made subject to the following terms and conditions:

  • No refunds will be given for classes not attended, however, you may like to send someone in your place if you are unable to attend your booked class. The Service Provider reserves the right to change or cancel any class due to insufficient enrolments. In this event, you will be notified as soon as possible and either a full refund of the class fee will be granted or an alternative date for the service will be provided. Booking fees are non-refundable.
  • Vouchers for specific services are valid only for the date and time purchased and displayed on the voucher.
  • All services are offered by Service Providers subject to availability. Bookings should be made at least 3 weeks in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Cooking class bookings are not finalised until you have received an notification to that effect from CookandStay. Bookings can be requested up to 72 hours prior to the service being required. Special arrangements can be made for requests shorter than 72 hours but bookings or advertisied prices and availability cannot be guaranteed.
  • The right is reserved to add, withdraw reschedule or substitute services and/or vary advertised services, prices, venues, and other arrangements. The right is also reserved to charge a fee for the replacement of vouchers.
  • Late arrival may result in non-admittance to a class.The right of admittance is reserved and is subject to the Service Provider's terms.
  • It is the right of the Service Provider to insist cameras, audio and video recorders may not be used during classes.
  • Services may be refused by the Service Provider if booking vouchers are damaged or defaced in any way or are not purchased from CookandStay.
  • If you have a problem or a complaint on the day of service, please bring it to the Service Provider's attention at your earliest opportunity on the same day.

GST will apply to all goods and services supplied through this Site. Prices in this Site include GST where applicable.

Variation

CookandStay may vary these Terms Of Sale at any time. Any variations become effective on posting. By making a purchase through this Site after the terms and conditions have been varied, you agree to be bound by the variation.

Contract

When you purchase a voucher or make a booking with CookandStay.com.au legal obligations arise. You will be bound by these terms and conditions. You must not make a booking or purchase a voucher unless you understand and agree to these terms and conditions. You are welcome to contact us for further information about these terms and conditions.

Agency

Vouchers are sold by CookandStay as agent for businesses. CookandStay is not a provider of services and has no responsibility for any services provided or not provided by any other party. CookandStay makes no warranty or representation regarding the standard of any service to be provided. All CookandStay vouchers are issued subject to the terms and conditions of each business and these terms. We do not have any power to control suppliers' operations. We take all reasonable precautions to ensure that the Service Providers we promote are safe and reliable. However, we make no guarantees or warranties about the services that are provided to you by the Service Providers. CookandStay acts as agent only. The Service Providers provide services to customers directly.

Liability

CookandStay has no liability for any act, omission or default, whether negligent or otherwise, of any Service Provider. CookandStay has no liability for any loss or damage occasioned by any negligent act or omission of any Service Providers or third party. Where CookandStay's liability cannot be excluded, such liability is limited to the value of the voucher purchased.

ALL CLAIMS WHATSOEVER ARE THE SOLE RESPONSIBILITY OF THE SERVICE PROVIDER AND TO THE EXTENT PERMITTED BY LAW CookandStay HAS NO LIABILITY TO YOU.

Service descriptions

Independent service providers provide the information about their services. We try to ensure that our advertising information is accurate and up-to-date. However, the content or format of some services may change slightly from time to time. The company providing the service (upon confirmation of each booking) will provide final details about each service. The relevant company will notify you of any subsequent changes in writing. Your participation in each service is conditional upon your acceptance of the providing company's terms at the time your booking is confirmed.

Illustrations

The photographs used in any advertisement to illustrate services are provided to us by the Service Providers and are used as an indication only as the venues may vary.

Use and Copyright

You may use the Site and the information contained within it for your own personal and non-commercial reference only.

The information contained within this Site (including programming scripts, graphics and logos) are copyright of CookandStay. You may make any copies of any information reasonably incidental to your viewing of the Site and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without the prior written approval of CookandStay.

Trademarks

The trademarks appearing on this Site are primarily trademarks of CookandStay. Other trademarks displayed on the Site are trademarks of their respective owners.

Limitation of Liability

To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content available through the site is limited to A$100. To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent then our liability is limited to that extent.

General Provisions

If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia.
 
 
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