Terms of Service

Last updated: 1 January 2025

These Terms of Service (“Terms”) govern your access to and use of the website atourholidayaustralialtd.online (the “Website”) and any professional business and consulting services supplied by Atour Holiday Australia Pty. Ltd. (ABN 62 703 610 146), of Melbourne VIC (“we”, “us”, “our”). By accessing the Website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of the Website and our services.

1. Our Services

We provide professional business and consulting services to individuals, businesses and organisations across Australia. The precise scope, deliverables, timeframes and fees applicable to any engagement will be set out in a written proposal or quote provided to you before work commences. Where a proposal or quote is inconsistent with these Terms, the proposal or quote will prevail to the extent of the inconsistency.

2. Quotes and Engagement

Quotes may be requested through our quote form or by emailing ceo@atourholidayaustralialtd.online. Unless otherwise stated in writing, a quote remains valid for thirty (30) days from the date of issue. An engagement is formed when you accept a quote in writing (email acceptance is sufficient) and, where applicable, pay any deposit we have specified. We reserve the right to decline any engagement at our discretion.

3. Fees, Invoicing and Payment

Fees are payable in accordance with the accepted quote. All amounts quoted are in Australian dollars and are inclusive of Goods and Services Tax (GST) where GST applies. Invoices are payable within fourteen (14) days of issue unless alternative payment terms are agreed in writing. If an invoice remains unpaid after its due date, we may suspend or discontinue work, withhold delivery of materials, and recover from you our reasonable costs of debt recovery. You remain liable for all fees for work performed up to the date of any suspension.

4. Client Responsibilities

You agree to provide timely, accurate and complete information, documentation and access reasonably required for us to perform the services, and to give decisions and approvals within reasonable timeframes. Delays caused by incomplete information, late approvals or other matters outside our reasonable control may affect delivery timeframes, and we are not liable for such delays.

5. Timeframes and Delivery

Any dates or timeframes we communicate are estimates given in good faith and are not contractual commitments. We will notify you promptly if we become aware of a likely delay and will work with you in good faith to agree revised timeframes.

6. Intellectual Property

We retain all rights in our pre-existing intellectual property, including methodologies, frameworks, templates and know-how. Upon full payment of our fees, you acquire the rights we specify in the proposal or quote to use the final deliverables prepared for you for your ordinary business purposes. We retain the right to reuse general knowledge, skills and experience gained during the engagement.

7. Confidentiality

Each party must keep confidential all non-public information received from the other party in connection with an engagement, and use it only for the purposes of that engagement. These obligations do not apply to information that is or becomes public other than through a breach of these Terms, was lawfully known before disclosure, or must be disclosed by law. This obligation survives the end of any engagement.

8. Australian Consumer Law and Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified. Under the Australian Consumer Law, our services come with guarantees that cannot be excluded: they must be supplied with due care and skill, be reasonably fit for any purpose you made known to us, and be supplied within a reasonable time. If our services fail to meet a consumer guarantee that cannot be excluded, you may be entitled, at law, to a re-supply of the services or compensation.

9. Limitation of Liability

To the maximum extent permitted by law, and except where the Australian Consumer Law applies to provide you with a non-excludable remedy, we are not liable for any indirect, incidental, special or consequential loss or damage, loss of profit, loss of revenue, or loss of business opportunity arising from or connected to the services or your use of the Website. Subject to the preceding sentence and to your non-excludable rights under the Australian Consumer Law, our total aggregate liability for any claim arising out of or in connection with an engagement is limited to the fees you actually paid to us for the services giving rise to the claim.

10. Termination and Suspension

Either party may terminate an engagement by giving fourteen (14) days’ written notice to the other party. If an engagement is terminated, you must pay all fees for work performed and expenses incurred up to the date of termination. We may suspend or terminate an engagement immediately if you breach a material term of these Terms, fail to pay an invoice by its due date, or if continuing the engagement would place us in breach of law or our professional obligations.

11. Website Content and Third-Party Links

Content on the Website is provided for general information only and does not constitute professional advice for your specific circumstances. You should obtain advice tailored to your situation before acting on any content on the Website. The Website may contain links to third-party websites; such links are provided for convenience only and we do not endorse or accept responsibility for the content, accuracy or practices of any third-party website.

12. Force Majeure

We are not liable for any delay or failure to perform our obligations where that delay or failure is caused by an event beyond our reasonable control, including natural disasters, industrial action, government restrictions, cyber incidents, or failures of utilities or communications networks. We will notify you as soon as reasonably practicable and work in good faith to mitigate the impact of any such event.

13. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By using the Website or engaging our services, you consent to the collection, use and disclosure of your personal information as described in that policy.

14. Changes to These Terms

We may amend these Terms from time to time. The current version will always be posted on this page together with the date of the last update. Material changes affecting an existing engagement will be notified to you in writing. Your continued use of the Website after updated Terms are published constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria. Before commencing court proceedings, the parties agree to attempt to resolve any dispute in good faith through direct negotiation, with a reasonable period of no less than twenty (20) days allowed for that process.

16. Contact Us

If you have any questions about these Terms, or wish to give notice under them, please contact:

Atour Holiday Australia Pty. Ltd.
ABN 62 703 610 146
Melbourne VIC, Australia
Email: ceo@atourholidayaustralialtd.online

You may also reach us through our contact page or request a proposal via our quote page.