Last Revised: 19 January 2020
SoBroome is a legal entity of UniqueKimberley (“UniqueKimberley” “So Broome” "SoBroome" “The Company”, “we” or “us”) welcome you to #SoBroome a website connecting travellers to locals atâ¯http://www.sobroome.com.au (hereinafter, the “Site” or “Platform”), which offers a platform to connect visitors to Broome locals and businesses. The Platform enables visitors to connect with locals and businesses for advice and or shared experiences. (“User” or “you”), are invited to use the Platform in accordance with our terms and conditions hereunder.
1.â¯Acceptance of the Terms
2.â¯Business Listingsâ¯and Subscriptions
Business owners may list the details of their businesses, tours, events and or drop ship products on our site once agreeing to our Terms And Conditions and have created an account. If the business chooses one of the paid subscription levels they can cancel their subscription at any time with their listing reverting to a free listing. If the cancellation occurs within the monthly subscription cycle the cancelation will be effective as of the end of the subscription cycle. (No part subscription cycle refunds are offered)
3.Visitor Listings and Subscriptions
Locals, visitors and people wanting to visit Broome can use the Site for the purposes of accessing information and advice about Broome and travel options, booking tours and or events and buying products. Locals and visitors can publish their Experiences (see point 4) on the site for the purposes of sharing information. If locals and visitors want to publish Experiences, Blog Posts or start a Trip Planner they first need to start and account. Visitor accounts are free.
3.â¯What are Experiences?
Experiences are a record of an experience had by a local or visitor to Broome that is then posted and published on our Platform. While we endeavour to ensure all experiences are genuine, we cannot be held responsible for any information contained in an Experience that you might find misleading.
All Experiences require Admin approval after they are submitted and before they are published. All Experiences will be published except in the following circumstances.
- It contains extremely inaccurate information.
- It is blatant advertising disguised as an Experience.
- It contains racist or offensive language.
- It does not relate to Broome or the Kimberley.
- It is repetitive to an existing Experience
- Is encourages dangerous, illegal or offensive behaviour.
In order to create an Experience, submit a Blog Post, register your business, tour or event, you must register and create an account (“Account”). The registration is free of charge. Registration must be done by completing the registration on the Site. You will receive a confirmation e-mail when your Account will be established. â¯
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.â¯Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
â¯You are fully responsible for maintaining the confidentiality of your username and password and for all activity that occurs under your account.
You may not, whether by yourself or anyone on your behalf; (a) use our Platform for any illegal, unlawful or unauthorized purposes; (b) use our Site in any form of spam, unsolicited mail or similar conduct; (c) allow access to your Account to anyone other than yourself (d) infringe and/or violate any of the Terms.
6. Tour Bookings
Our site uses a range of tour booking integrations each with their own Terms and Conditions which can be found on the individual tour booking form.
7. Event Bookings
Events listed on this site use various 3rd party ticketing options such as but not limited to EventBrite. These 3rd party options will have their own Terms and Conditions unrelated to SoBroome. So events will be using our own booking and payment system. Where an event is using the SoBroome booking service a booking fee will apply and be disclosed. No refunds are payable on these bookings.
Payments will be processed via online payment service.â¯ The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account.
The company reserves the right to have no obligation, to withhold any applicable taxes and obtain any other remedies available by law.
The Company may, at any time and at its sole discretion, amend the fee schedule, payment terms and cancellation policy specified on the Site. Any such changes will take effect immediately after being posted on the Site. So Broome may deduct foreign currency processing costs from any payment.
8. Listing an Item from Our Online Shop
Any Individual with a registered SoBroome account can submit an item to sold through our online store. As the lister of the item you will be responsible for the prompt and safe delivery of goods to the customer. We expect that you will ship the good within 24 hours of receiving the advice of the product being sold. We do not accept used, illegal or offensive items for sale through our site.
9. Buying an Item from Our Online Shop
As a buyer you understand that SoBroome is operating an Online Market place for Broome related goods and retailers. The majority of items listed will be shipped to you by the item lister and not by SoBroome. Upon purchase you will receive an eMail with the listers details. In the event of non-delivery or complaint about quality, you should advise us of your concerns and contact the lister. If you are unable to resolve your dispute with the lister we will attempt to assist in dispute resolution.
The Site's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. We do not warrant or guarantee the Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
12. Changes to the Siteâ¯
SoBroome reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that So Broome shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.
13.â¯â¯Limitation of Liabilityâ¯
The use of the So Broome site and all services is completely at your own risk. To the maximum extent possible in no event shall So Broome be liable for any damages whatsoever.
You agree to defend, indemnify and hold harmless Unique Kimberley and So Broome and or their Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of Eat With Locals’ Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the Site; (iv) the User Generated Content you uploaded through the use of the Site; and/or (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to your use of the Site. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defence. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
15.â¯â¯Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.â¯In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.