Terms and Conditions
GETAWAYLOUNGE.COM.AU (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY CUDO PTY LTD (ACN 145 598 894) PO BOX 40 PYRMONT NSW 2009 (‘CUDO’) (‘GETAWAY LOUNGE’). PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS OF USE, WHICH SHALL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GETAWAY LOUNGE.
A. USER AGREEMENT GOVERNING USE OF WEBSITE
1. USER AGREEMENT
If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.
2. YOUR STATUTORY RIGHTS
As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
3. AMENDMENTS TO TERMS & CONDITIONS OF USE
GETAWAY LOUNGE reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at GETAWAY LOUNGE’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.
4. ACCOUNTS
4.1 In order to have access to Vouchers and the ability to purchase Vouchers via GETAWAY LOUNGE you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to: (a) receive information and email communications from GETAWAY LOUNGE relating to Vouchers; (b) make an order to purchase a Voucher; (c) change your preferences, including with respect to your preferred e-mail address, geographic location, credit card details and passwords; (d) view, otherwise receive and print Vouchers you have purchased; and (e) view past Vouchers you have purchased. If you only provide GETAWAY LOUNGE with a registered email address (but no other contact details) you will only be entitled to receive information and email communications from GETAWAY LOUNGE relating to Vouchers (but will not be able t purchase Vouchers).
4.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.
4.3 GETAWAY LOUNGE reserves the right to refuse registration of an Account (or to close an existing Account) where:
(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;
(b) you have breached these Terms & Conditions of Use;
(c) GETAWAY LOUNGE considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or
(d) you have an existing Account.
4.4 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.
5. LEGAL CAPACITY
By making an order to purchase a Voucher, you warrant to GETAWAY LOUNGE that
you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with GETAWAY LOUNGE with respect to that Voucher.
6. UNAUTHORISED USE OF THE WEBSITE
6.1 You agree to use this Website only for purposes that are permitted by:
(a) these Terms & Conditions of Use; and/or
(b) any applicable laws or regulations.
6.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.
6.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from GETAWAY LOUNGE (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of GETAWAY LOUNGE.
6.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that GETAWAY LOUNGE may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
7. LIMITATION OF LIABILITY
7.1 The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, GETAWAY LOUNGE does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these consumer laws. Subject to claims available under consumer protection laws, neither Getaway Lounge nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
7.2 For claims that cannot be excluded or restricted under consumer protection laws, the liability of GETAWAY LOUNGE for such a claim will (at GETAWAY LOUNGE’s option and to the extent permitted by law) be limited to:
(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
8. INDEMNITY
You will at all times indemnify, and keep indemnified, GETAWAY LOUNGE and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by GETAWAY LOUNGE arising from any claim, demand, suit, action or proceeding by any person against you or GETAWAY LOUNGE where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use.
9. PRIVACY
9.1 The GETAWAY LOUNGE Privacy Policy is incorporated into these Terms & Conditions of Use.
9.2 In the event the GETAWAY LOUNGE business or company is sold to a third party, you grant GETAWAY LOUNGE the right to transfer the personal information and other data and rights that GETAWAY LOUNGE has collected from you to that third party, and GETAWAY LOUNGE will not be required to obtain your prior consent or approval or to notify you of such a transfer.
10. WEBSITE INFORMATION
10.1 Any information that is published on the Website about particular goods and services is based on material supplied to GETAWAY LOUNGE by Merchants and other third parties. GETAWAY LOUNGE takes all reasonable steps to ensure that information that is published on the Website relating to a Merchant, Vouchers and/or goods and services is accurate and without errors. However, on occasion, a Merchant or other third party will provide GETAWAY LOUNGE with inaccurate information. Consequently, you agree that GETAWAY LOUNGE will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.
10.2 You agree that you are responsible for:
(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and
(b) assessing the suitability of goods and services prior to you placing an order for a Voucher for a Deal relating to those goods or services.
11. LINKS TO THIRD PARTY WEBSITES
Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. GETAWAY LOUNGE does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Privacy and security policies on third-party websites may differ from those practiced by GETAWAY LOUNGE. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.
12. GENERAL TERMS
12.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and GETAWAY LOUNGE.
12.2 GETAWAY LOUNGE will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside GETAWAY LOUNGE’s control which is not due to any lack of reasonable prudence or foresight.
12.3 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect
12.4 GETAWAY LOUNGE’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.
12.5 These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
B. USER AGREEMENT GOVERNING GETAWAY LOUNGE VOUCHERS
1. PLACING ORDERS
1.1 GETAWAY LOUNGE provides its Account-holders with opportunities to purchase Vouchers for goods and/or services at discounted rates and on certain terms and conditions of a third party merchant (each, a 'Merchant') which can be redeemed for goods and/or services (each, a 'Deal'). By making an order to purchase a Voucher on the Website, you agree to receive and be charged for the Voucher once as soon as you make your order to purchase the Voucher on the GETAWAY LOUNGE Website.
1.2 For the avoidance of doubt, the promotion and/or publication of Vouchers on the Website or within any email correspondence that you receive from GETAWAY LOUNGE does not constitute an offer from GETAWAY LOUNGE to sell you the Voucher, the corresponding Deal or the goods and services that are the subject of the Deal. The promotion and/or publication of Vouchers on the Website or within any email correspondence that you receive from GETAWAY LOUNGE is an invitation to treat only.
1.3 By placing an order for a Voucher on the Website, you are making an offer and commitment to purchase a Voucher on the Voucher Specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.
1.4 Once you have made an order to purchase a Voucher on the Website, you cannot cancel that order.
2. ISSUE OF VOUCHERS
2.1 If Getaway Lounge accepts your offer to purchase a Voucher, you will receive confirmation (whether by email or via your Account), and your credit card will be charged for the purchase price of the Voucher.
2.2 You will only be issued a Voucher if full payment for that Voucher has been received by Getaway Lounge.
2.3 A Voucher will then, at Getaway Lounge’s option, be delivered to you by email or post, or via a download from the Website via your Account.
2.4. You must ensure that you provide to Getaway Lounge all such accurate and up-to-date email, postal address and other contact details as Getaway Lounge requests, and that you promptly notify Getaway Lounge if any of these details have changed.
2.5 GETAWAY LOUNGE is not liable or responsible for any loss suffered as a result of a Voucher not being received by you due to an email being blocked by a firewall or filter installed on your computer or where you have registered an incorrect email address).
3. CHARGE BACKS/REFUNDS
If you make an offer to purchase a Voucher, and if for any reason the promotion of the Deal or the availability of a Voucher on the Website is cancelled, Getaway Lounge will charge-back the full purchase price to your credit card by way of full refund If such circumstances arises, your Voucher will be forfeited and you will not be able to redeem your Voucher).
4. REDEMPTION OF VOUCHERS
4.1 You may redeem a Voucher that GETAWAY LOUNGE issues to you with the relevant Merchant in order to receive the good(s) or service that is the subject of the associated Deal. The relevant Merchant, not GETAWAY LOUNGE, is the provider of the product or service and is solely responsible for honouring the Deal that is the subject of the Voucher you have purchased.
4.2 Any discount or special price offered on the Website or a Voucher applies only to the Products offered on the Voucher, and cannot be applied to any goods or services of the Merchant other than the Products, and cannot be applied to the goods and services of any other person.
4.3 Vouchers may only be exchanged for the goods/services which are the subject of the Voucher. All additional costs associated with the exchange or enjoyment by you of the Deal not specifically included in the Voucher Specific Terms but which may be incurred in connection with the use of the Voucher or the Deal are your responsibility. Such additional costs may include, but are not limited to, the costs of meals and beverages, room service, telephone calls, internet access, laundry services, spending money, transport and transfers, arrival and departure taxes, insurance and passport and visa costs.
4.4. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, promotions or offers, without the Merchant’s consent.
4.5 Some services to which Vouchers relate may require you to participate in dangerous activities, which may carry a risk of injury or death (“Dangerous Activities”). You participate in Dangerous Activities solely at your own risk and Getaway Lounge bears no responsibility for and shall not be liable for any loss, injury or death associated with Dangerous Activities, including by way of payment of any form of compensation.
4.6. Getaway Lounge bears no responsibility for and shall not be liable for any loss if you are unable or unwilling to use any element of the Deal including by reason of a Merchant’s refusal or failure to supply a Deal or any element of a Deal, or by reason of your refusal or unwillingness to take advantage of any Voucher Specific Terms or to use any element of a good/service comprising the Deal including because of ill health, age, incapacity, disability, behaviour or for safety reasons.
4.7. In the event that a Deal is not able to be redeemed by you for any reason due to no fault of GETAWAY LOUNGE (e.g. due to a Merchant’s inability or refusal to supply a Deal or any element of a deal), GETAWAY LOUNGE bears no responsibility for refunding or compensating you (financially or otherwise) for any flights or other travel arrangements already booked by you for the purpose of redeeming your Voucher for the Deal.
4.8 Subject to the Voucher Specific Terms, Vouchers may only be used to secure goods/services from the relevant Merchant in full on a single transaction basis only, and may not be used incrementally. If a Voucher is used at less than its face value, there shall be no entitlement to a credit nor to a new Voucher equal to the difference between the face value and the amount used.
4.9. Any dealing or attempted dealing in respect of Voucher, and any use or attempted use of a Voucher which is inconsistent with these Terms & Conditions will render the Voucher void and of no legal effect whatsoever.
5. 48 HOUR GUARANTEE
5.1 In the case of those kinds of Deals for goods or services where a Merchant provides booked or reserved accommodation (“Accommodation”) as part of the Deal, subject to paragraphs 9.2 to 9.5 of these Terms & Conditions, if you have been advised by the Merchant that Accommodation is not available on those dates which you would prefer (“Your Preferred Dates”), GETAWAY LOUNGE will charge-back the full purchase price of the relevant Voucher to which the Accommodation and Product relate to your credit card by way of full refund (“Special Refund”).
5.2. A Special Refund will only be made if:
a) the relevant Voucher to which your request for a Special Refund relates has not expired;
b) you have made contact with the Merchant in compliance with the Voucher Specific Terms applicable to the relevant Voucher, and have otherwise complied in all respects with all of your obligations in these Terms & Conditions;
c) Your Preferred Dates conform with and are encompassed by the Voucher Specific Terms applicable to the relevant Voucher, including any availability dates or blackout periods which might be specified in the Voucher Specific Terms;
d) the Merchant has advised you that Accommodation is not available on Your Preferred Dates;
e) you telephone Getaway Lounge to request a Special Refund during business hours on 1300 889 152 (if calling from within Australia) or +61 2 9125 5810 (if calling from outside Australia) within two business days of the date and time on which the promotion of the relevant Deal on the Website ceases; and
f) when contacting Getaway Lounge in accordance with clause 9.2(e) above you are able, to the satisfaction of Getaway Lounge, to accurately specify Your Preferred Dates, properly identify the Deal, and establish your identity as the proper owner of the relevant Voucher.
5.3. Before agreeing to give you a Special Refund, Getaway Lounge may, at its sole discretion:
a) take such steps as it thinks fit to satisfy itself that you have complied with your obligations under these Terms & Conditions, including in relation to clause 9.2 above; and
b) contact the Merchant to attempt to secure for you Accommodation from the Merchant in accordance with the Voucher Specific Terms on Your Preferred Dates.
5.4. If Getaway Lounge is able to secure Accommodation for you from the Merchant in accordance with the Voucher Specific Terms on Your Preferred Dates, or if you have not fully complied with paragraph 5.2 of these Terms & Conditions, Getaway Lounge will be under no obligation to give you a Special Refund.
5.5. A reference to business hours or business days in clause 5.2(e) above means 9am – 5.30pm (local time) on normal business days in Sydney, New South Wales, Australia.
5.6. You will not be entitled to any consideration, credit or full or partial refund of the purchase price of a Voucher which has already been issued, except as required by law, or except as provided in these Terms & Conditions.
6. PRICE MATCH
6.1 Subject to these Terms and Conditions and to clauses 6.2-6.4 below, if you have purchased a Getaway Lounge Voucher for a Deal for the Getaway Lounge advertised price (“Getaway Lounge’s Price”), and during the time that Getaway Lounge is still promoting that Voucher at Getaway Lounge’s Price, you find a lower price (“Other Merchant’s Price”) offered by another person (“Other Merchant”) for the same Deal (“Other Merchant’s Product”), Getaway Lounge will refund to you the difference between Getaway Lounge’s Price for the Voucher and the Other Merchant’s Price for the Other Merchant’s Product (“Price Match Guarantee”).
6.2 For the purposes of clause 6.1 above, and subject always to clauses 6.3-6.4 below:
a) the Other Merchant’s Product will only be regarded as the same as the Product to which the Voucher relates if Getaway Lounge is satisfied, in its sole discretion, that:
i. the Other Merchant’s Product and the Product to which the Voucher relates are exactly the same, including in respect of all goods and services offered such as the hotel, room type, rate plan, availability dates, age restrictions and room cancellation policy, and any included goods or services such as the cost of meals and beverages, room service, telephone calls, internet access, laundry services, spending money, transport and transfers, arrival and departure taxes, insurance and passport and visa costs; and
ii. the information referred to in clause 6.2(a)(i), and all other relevant information provided by you, is correct and has been fully verified; and
b) the Other Merchant’s Price will only be regarded as lower than Getaway Lounge’s Price if Getaway Lounge is satisfied, in accordance with clause 6.2(a) above, that the Other Merchant’s Product is the same as the Product to which the Voucher relates.
6.3 The Price Match Guarantee applies only where Getaway Lounge is satisfied, in its sole discretion, that:
a) the Other Merchant’s Price is the total price payable by you for the Other Merchant’s Product, inclusive of all add-ons, taxes, levies, charges and surcharges, including GST (as defined in tA New Tax System (Goods and Services Tax) Act 1999);
b) the Other Merchant’s Product sold at the Other Merchant’s Price is both advertised and available to the general public in Australia;
c) the offer to supply the Other Merchant’s Product at the Other Merchant’s Price is made on a website directed to Australian consumers generally with all of the details of the Other Merchant’s Product and Other Merchant’s Price shown in full on the website;
d) the Other Merchant’s Price is advertised and quoted in Australian dollars, and the Other Merchant’s Product is advertised, offered, booked, and paid for in Australian dollars;
e) you meet any requirements relating to the availability, acceptance or purchase of the Other Merchant’s Product at the Other Merchant’s Price, including, without limitation, in relation to residency, location or age; and
f) the offer to supply the Other Merchant’s Product at the Other Merchant’s Price can be accepted immediately and without conditions which are not readily ascertainable in full on the website on which the Other Merchant’s Product is offered.
6.4 The Price Match Guarantee does not apply:
a) if all of the requirements of clauses 6.2 and 6.3 have not been met;
b) as soon as Getaway Lounge has ceased promoting the relevant Voucher for sale;
c) if all details of the identity of the Other Merchant and of the accommodation and other goods and services providers which are to provide goods and services as part of the Other Merchant’s Product cannot be ascertained from the website on which the Other Merchant’s Product is offered by the Other Merchant;
d) if the Other Merchant’s Product or the Other Merchant’s Price:
i. are offered or sold by way of a membership program (other than such a program operated by a public group buying website as a condition of participating in a group buying opportunity), or incorporates or is offered by way of a corporate discount or special corporate rate, a rewards or incentive program or a conference, meeting or convention rate or rates;
ii. are offered or sold, or if prices are determined or established by way of, an auction or a similar process; or
iii. are available only by way of an offer or promotion not offered or promoted to the general public in Australia; or
e) if;
i. Getaway Lounge cannot confirm that any information provided by you in respect of the Other Merchant’s Product, the Other Merchant or the Other Merchant’s Price is correct; or
ii. Getaway Lounge, in its sole discretion, believes that the details of the Other Merchant’s Product, the Other Merchant or the Other Merchant’s Price contain a printing or any other error, or that any claims or representations made by you in relation to the Other Merchant’s Product, the Other Merchant or the Other Merchant’s Price are made fraudulently or in bad faith.
7. TERMS OF VOUCHER
7.1 You acknowledge and agree that your purchase of a Voucher from GETAWAY LOUNGE may be subject to specific terms, conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms attaching to a Voucher, the expiration date for your redemption of the Voucher with the Merchant, or the date before which you are required to make a booking with the Merchant to redeem the Voucher) (‘Voucher Specific Terms’), which will be communicated to you on the Website prior to your purchase of the Voucher that is issued to you. To the extent there is any inconsistency between the Voucher Specific Terms and the Terms & Conditions of Use, the Voucher Specific Terms will prevail. By placing an order for a Voucher on the Website, you agree that all Voucher Specific Terms will be legally binding on you in connection with that Voucher.
7.2 Unless otherwise stated in the Voucher Specific Terms or required by law, the following terms apply to all Vouchers (without limiting the other terms and conditions in these Terms & Conditions of Use):
(a) Vouchers are not redeemable for cash
(b) If, for any reason, you do not or cannot use or redeem a Voucher you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that Voucher, except as required by law.
(c) Getaway Lounge is not responsible or liable for your lost or stolen Vouchers.
(d) The expiration date for a Voucher is as printed on the Voucher and will be quoted on the Website. All Vouchers are deemed void after the published expiration date and will not be honoured by Getaway Lounge or the Merchant. Expired Vouchers are non-refundable in whole or in part.
(e) A Voucher may include a ‘must book before date’. If this is the case, the ‘must book before’ date for a Voucher is as printed on the Voucher and will be quoted on the Getaway Lounge Website. Any Voucher which requires a booking will be deemed void if a booking is not made before the specified ‘must book before’ date.
(f) Vouchers may not, without the prior written consent of GETAWAY LOUNGE, be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.
8. TERMS OF DEALS GENERALLY
8.1 All Deals are subject to the Merchant’s standard terms and conditions and policies. Getaway Lounge will use its reasonable endeavours to advise you on the Website of any material terms and conditions and policies of the Merchant that will impact your ability to use or enjoy the goods or services.
8.2 You agree that you are responsible for making your own reasonable enquiries with respect to the terms and conditions and policies that a Merchant may place on your use or enjoyment of the relevant goods or services.
9. TERMS OF DEALS - SERVICES
9.1 All Deals relating to services provided by Merchants are subject to availability and may require you to make a booking in advance directly with the Merchant. Subject to clause 9 below, GETAWAY LOUNGE cannot guarantee that services will be available to you at your preferred date or time.
9.2 You agree that any booking you make with a Merchant may be subject to that Merchant’s separate terms and conditions or policies.
9.3 If you cancel a service booking you have made directly with a Merchant, the Merchant may charge you a cancellation fee (which may include invalidation or cancellation of your ability to redeem the relevant Voucher).
10. LIMITATION OF LIABILITY
10.1 The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions of Use can exclude or restrict the application of such laws but, to the extent that it can under these laws, GETAWAY LOUNGE does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to a Voucher, a Deal and/or the goods and services that are the subject of a Deal outside these consumer laws. Subject to claims available under consumer protection laws, neither GETAWAY LOUNGE nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is
liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with a Voucher, a Deal and/or the goods and services that are the subject of a Deal.
10.2 For any claims relating to a Voucher, a Deal and/or the goods and services that are the subject of a Deal that cannot be excluded or restricted under consumer protection laws:
(a) you will be entitled to a full refund or replacement Voucher if there is a major failure by GETAWAY LOUNGE to comply with the consumer guarantees under the Australian consumer laws; and
(b) for minor failures by GETAWAY LOUNGE to comply with the consumer guarantees under these laws, the liability of GETAWAY LOUNGE for any applicable claim will (at GETAWAY LOUNGE’s discretion and to the maximum extent permitted by law) be limited to:
(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and
(ii) if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.
11.INDEMNITY
You will at all times indemnify, and keep indemnified, GETAWAY LOUNGE and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by GETAWAY LOUNGE arising from any claim, demand, suit, action or proceeding by any person against you or GETAWAY LOUNGE where such loss or liability arose out of, in connection with or in respect of your conduct or breach of any Voucher Specific Terms or other term or condition relating to a Voucher (as specified in these Terms & Conditions of Use) or a Merchant’s standard terms and conditions and policies.
12.*SIGN-UP BONUS
From time to time, GETAWAY LOUNGE may offer new members a sign-up bonus. The "sign-up bonus" (if eligible) will be sent in the form of a Voucher code provided via email (or directly applied to your account). Members may use this Voucher code towards a Getaway Lounge purchase. The "sign-up bonus" may be available for a limited time to new members only and is strictly one per subscriber. If a Voucher code is emailed to you it must be redeemed by entering the code in "My Account" page within a week of promotion closure. Voucher codes cannot be redeemed for cash. GETAWAY LOUNGE reserves the right to withdraw the offer at any time.
13. "REFER-A-FRIEND CREDIT"
13.1 From time to time, GETAWAY LOUNGE may offer members a ‘refer a friend credit’. To be eligible to receive a Refer-a-Friend Credit, your referral must meet the following criteria:
a) you must have an active Account with Getaway Lounge;
b) you must use the Refer-a-Friend facility on the Website to send a “friend” (your “Referred Friend”) an invitation to join Getaway Lounge;
c) your Referred Friend must not already have an Account with Getaway Lounge, either in your Referred Friend’s name, or in any other name;
d) your Referred Friend must establish an Account at Getaway Lounge by directly following the link shown in your Refer-a-Friend email; and
e) your Referred Friend must make a purchase of a Voucher.
13.2 If your Referred Friend accepts your invitation to join Getaway Lounge by directly following the link shown in your Refer-a-Friend email, and then also buys a Voucher, both you and your Referred Friend will be given a Refer-a-Friend Credit.
13.3 The Refer-a-Friend Credit will be provided in the form of separate email notifications to both you and your Referred Friend containing separate and distinct Refer-a-Friend Voucher codes which you and your Referred Friend can use towards the purchase of any Getaway Lounge Voucher.
13.4 Neither you nor your Referred Friend will be given any Refer-a-Friend Credit for a referral if your Referred Friend has established an Account with Getaway Lounge via any other channel other than by directly following the link shown in your Refer-a-Friend email