Terms and Conditions
TERMS OF WEBSITE USE
As the information, products and services contained within this site relates to licensed premises, You must be 18 years of age or older to make a purchase. These premises require a valid driver’s license, passport or proof of age to prove you are over 18 years of age. You may need to present this proof at the premises to obtain admission.
INFORMATION ABOUT US
www.thebreakwater.com.au is a site operated by Wintime Nominees Pty Ltd. Our ABN is: 816 281 551 199
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us.
You must take appropriate security measures to prevent unauthorized disclosure of your user name and password and you must notify us immediately if your password becomes known to any unauthorized user.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors.
The information contained within this Site (including programming scripts, graphics and logos) are copyright of The Breakwater and its affiliates.
The trademarks appearing on this Site are primarily trademarks of The Breakwater. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on this Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of Roller or the third party owner.
RELIANCE ON INFORMATION POSTED
Wintime Nominees Pty Ltd does not guarantee the accuracy of information on the Site.
Wintime Nominees Pty Ltd does not accept liability for any reliance made upon information on the Site.
Before acting in relation to information on the Site Wintime Nominees Pty Ltd encourages that a viewer seeks third party verification of such information.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(1) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(2) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You may use the Site only for lawful purposes. You may not use the Site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
If you use the site in a manner that is prohibited, Breakwater Pty Ltd has the exclusive right to terminate your account.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;
not to access without authority, interfere with, damage or disrupt any part of the Site including;
any equipment or network on which the Site is stored;
any software used in the provision of the Site; or
any equipment or network or software owned or used by any third party.
SUSPENSION & TERMINATION POLICY
Wintime Nominees Pty Ltd holds the exclusive right to determine, at its sole discretion, whether there has been a breach of these terms and conditions. If it is deemed by Wintime Nominees Pty Ltd that a breach of these terms has occurred, Wintime Nominees Pty Ltd has the right to take any action that is reasonable.
immediate, temporary or permanent withdrawal of your right to use the Site;
immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
INITIATING BOOKINGS & GUESTS POLICY
To initiate a booking at The Breakwater you may be required to provide valid identification and the relevant receipt number of the booking. If you do not provide valid identification and the relevant receipt number, you may not be entitled to access the booking.
Only the person who created the booking may initiate it, unless otherwise prearranged with Breakwater
ACCOUNTS, PAYMENTS & REFUND POLICY
To make a booking you must make a direct payment for each booking. To make a payment you can use either a credit card or a debit card.
You will be provided with an automatically generated email receipt of all monetary transactions made through Breakwater.
Upon making a direct payment for a booking, or using existing credit that has been uploaded to your account, you will be charged a 2.75% transaction fee that is not recoverable under any circumstances.
Breakwater provides no refunds on bookings except in the circumstance that the booking cannot be serviced.
All cancellation and refund policies are provided to you prior to you confirming your booking and also in the booking confirmation email that is sent to you via email.
Breakwater retains the right to refuse entry if the view is formed that you are either intoxicated or have not complied with the terms and conditions of entry. Making a booking on the Roller platform through the Breakwater site does not entitle you to automatic entry. By making a booking on Roller you accept and acknowledge the risk that you may be refused entry for failure to comply with the terms of entry and conditions of the venue of your booking.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information that is required during the registration of members will be stored on our database. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may have committed a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-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 the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Terms and Conditions are governed by the laws of Victoria. By using this site, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of this State.
DELIVERY AND TIME FRAME
You understand that should we need to deliver receipts of payments via mail, our carrier is the Australian Post. The Breakwater is not liable for any delay from our carrier. As an online service, Breakwater does all of its communication and delivery via email, unless special requests are made and accepted by Wintime Nominees Pty Ltd. We are not liable should the email server endure any functionality problems, and Wintime Nominees will make a committed effort to making sure that our receiving parties are not distressed.
The Breakwater online booking service only provides the ability for customers to make bookings at a maximum of 6 months in advance. The website will not allow, under any circumstances, a breach of this limit.
All monetary values on the website will be in Australian Dollars (AUD) unless otherwise stated.
Minimum Booking Cost - The minimum dollar amount (not including the 2.75% transaction fee) that is required to make the booking at the venue. This amount includes and is reflective of an increase in the number of guests you select and whether you require access to the VIP area of a venue.
If you have any concerns about material which appears on the Site, please contact [email protected]
Thank you for visiting the Site.