Short Break Away

NEEDABREAK.COM TERMS OF USE

TERMS OF USE
Welcome to [needabreak.com]. This web site is owned and operated by Choice Hotels Asia-Pac Pty Ltd, (“Choice”, “we” or “us”), and maintained in Australia. By entering this site, you accept and agree to the following Terms of Use. These Terms of Use may change from time to time. By continuing to remain at and use this site after we post any such changes, you accept the Terms of Use as modified. We may change, restrict access to, suspend, or discontinue needabreak.com, or any portion of this site, at any time without notice.

PRIVACY
We collect information about the visitors to this site. The collection of this information is governed by our Privacy and Security Policy.

SERVICE MARKS AND TRADEMARKS
We never want consumers to be confused as to whether services are offered by us or other parties. We therefore vigorously protect our intellectual property rights and forbid any other parties from using our service marks, trademarks, and trade names without written permission. We own many service marks in the Australia and around the world, including, among others, CHOICE HOTELS®, CHOICE HOTELS INTERNATIONAL®, CAMBRIA®HOTELS & SUITES, COMFORT INN®, COMFORT SUITES®, QUALITY®, SLEEP INN®, CLARION®, ASCEND COLLECTION®, MAINSTAY SUITES®, SUBURBAN EXTENDED STAY HOTEL®, ECONO LODGE®, RODEWAY INN®, CHOICE PRIVILEGES®, and VACATION RENTALS BY CHOICE HOTELS™. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this site without our written consent. This prohibition on use of the marks includes, without limitation, use as meta tags, in domain names, and on other sites. If you encounter any use of our marks that appears to be unauthorized, please let us know by clicking here. Some marks on this site may be owned by other parties and used with permission.

COPYRIGHTS
Our (a) site content, including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above, and (b) software available for download on this site, are our property, or the property of our content suppliers and vendors, and are protected by Australian and international copyright laws. You may use this site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Prohibited uses include but are not limited to displaying, distributing, modifying, reproducing, republishing, decompiling, or transmitting any content on this site or the software available for download on this site in any manner without written permission from us.

LINKS

This site may contain links to sites owned or operated by other parties. Such links are provided for your convenience only. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES, ON, OR THE SECURITY OF, SUCH SITES. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY IF SUCH SITES INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; ARE INACCURATE, INCOMPLETE, OR MISLEADING; ARE NOT MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE; DO NOT PROVIDE ADEQUATE SECURITY AND PRIVACY; CONTAIN VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE; OR ARE LIBELOUS OR DEFAMATORY. FURTHER, WE DO NOT ENDORSE THE CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE, ON SUCH SITES. IF YOU ESTABLISH A LINK TO SUCH SITES, YOU DO SO AT YOUR OWN RISK AND WITHOUT OUR PERMISSION.

SITE ACCESS AND USE
You may not retransmit, reproduce, duplicate, copy, sell, resell or otherwise exploit the content on this site for commercial use unless we provide you with prior written permission to do so. We may refuse service, terminate access, and/or cancel transactions at our discretion.

You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from us (such consent is deemed given for standard search-engine technology employed by Internet search sites to direct Internet users to this site).

You are responsible for the content of your submissions, and you allow us to use that content in ways consistent with our Privacy and Security Policy. You may not post or transmit to this site any unlawful, defamatory, profane, or like material, and you may not modify or abridge any functionality of the site.

The information available on needabreak.com is provided as a guide only. The destination, events and attractions information on this site is provided by the Australian Tourism Data Warehouse and New Zealand Tourism Guide. Choice takes no responsibility for any errors or ommissions in this data provided.

You agree not to use the information on this site to advertise or solicit anyone to buy or sell any products or services (directly or indirectly), including but not limited to hotel reservations without our express written approval.

LIMITATION OF LIABILITY
All hotels franchised under Choice’s brands are independently owned and operated.
Choice expressly excludes any liability for any act or omission of a franchised hotel, including negligence and willful misconduct.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THIS SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.

The information and content on this site may contain technical inaccuracies and typographical errors, including inaccuracies related to pricing or availability applicable to your transaction. Choice shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Choice reserves the right to make changes, corrections, cancellations and/or improvements to our content and information, and to the products and programs described in such content and information, at any time, including after confirmation of a transaction.

CREATING AN ITINERARY
By creating and downloading an itinerary on this site and agreeing to these Terms of Use, you are also agreeing to have a Choice Hotels agent contact you to assist you with booking the accommodation components of your itinerary. You also agree to receive postal and electronic mail about using this site and booking accommodation with Choice Hotels. Your personal information will be processed and retained by Choice Hotels in Australia.

DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, WE PROVIDE THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. THE WAIVED WARRANTIES, TO THE EXTENT ALLOWED BY LAW, INCLUDE BUT ARE NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR FRANCHISEES OR RELATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT OR DOWNLOADABLE SOFTWARE ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION
You agree, at your expense, to indemnify, defend and hold us, as well as our officers, directors, employees, agents, affiliates, distributors, franchisees, vacation rental management companies, and licensees harmless from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms of Use or in connection with your use of this site or any product or service related to this site.

GOVERNING LAW
We create and control this site in the State of Victoria, Australia. Accordingly, Victorian law governs these Terms of Use, without regard to Victorian conflicts of law principles. Any controversy or claim arising out of or relating to these Terms of Use or relating to the use of this site and the material contained in this site shall be resolved in a Victorian court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arises or this claim or cause of action will be forever barred.

WAIVER/SEVERABILITY
The waiver by either party of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect.

RESERVATION OF RIGHTS
Any rights not expressly granted to you herein are reserved to us.

OUR ADDRESS
NeedaBreak.com
Choice Hotels Asia-Pac
Level 2, 150 Jolimont Rd
East Melbourne,
Vic, 3002
Australia