Terms of Use – Raes On Wategos
1. General
1.1 This website is owned, operated and maintained by Raes on Wategos Pty Ltd (ACN 164 962 494) (Rae’s, we or us). The Terms and Conditions of Use (Terms of Use), together with our Privacy Policy, apply to your use of Rae’s website at www.raes.com.au (website).
1.2 Please read these Terms of Use carefully before accessing or using the information, products and services available through the Website. By accessing or using the Website, you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them. If you do not wish to comply with these Terms of Use, you should not access or use this Website.
1.3 Raes reserves the right to change, update, or correct these Terms of Use or any information contained on the Website at any time, without notice to you. Your continued use of the Website means that you acknowledge and agree to the revised Terms of Use. If you do not agree with these Terms of Use (as amended from time to time), you should stop accessing and using the Website immediately.
2. Information provided on this website
2.1 The purpose of the Website is to provide you with information about Raes and to assist you in booking accommodation at Raes. The Website includes a reservation facility which has additional Booking Terms and Conditions.
2.2 The information on the Website is accurate as of its publication date but it is subject to change at any time. Raes does not warrant the accuracy or completeness of the information provided and is not obligated to update it or notify you of changes unless required by law. Raes assumes no responsibility or liability for any such inaccuracies, errors or omissions, and we have no obligation to honour reservations or information affected by such inaccuracies or errors.
2.3 We do not recommend or endorse any goods, services or third-party content appearing on, or via, the Website, or any user generated content appearing on or via social media pages or other sites which are linked to the Website, nor imply any association with their owners or operators. Such third-party references or links are provided for your information and convenience only. Any links to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk. We have no control over the contents, quality, integrity of those third-party sites, products or services, and Raes accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise). .
3. Access and use of this website
3.1 In using and or accessing this Website, you must not attempt to
3.1.1 undermine the security or integrity of Raes’ computing systems or networks, or any computing systems or networks involved in maintaining the Website; or
3.1.2 gain unauthorised access to any systems or materials other than those you have been given express permission to access.
3.2 You agree that you will not use or misuse the Website in any way which may:
3.2.1 impair any other person’s ability to use the Website; or
3.2.2 impair any other person’s ability to use the website; or
3.2.3 disrupt the systems used in the course of delivering the Website.
3.3 The Website is for personal and non-commercial use only. You may print off copies and download extracts, of any page(s) from the Website for your personal reference. You are not allowed to modify, adapt, copy, distribute, transmit, display, reproduce, publish, license, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or services found on or obtained from the Website.
3.4 You agree to make a legitimate reservations on your own behalf or for another person whom you are legally authorised to act for and for no commercial or other purpose, including, without limitation, for the purposes of reselling rooms or reservations, marketing, posting on third-party sites, advertising or otherwise distributing rooms or reservations, making false, fraudulent or speculative reservations or reserving rooms in anticipation of demand.
3.5 Should the Website provide you with the means to register and obtain the use of usernames, passwords or codes to access certain features, you must maintain the confidentiality of your access codes, and for any activities that occur under your account. .
3.6 You must not use the Website to post, distribute or transmit any material:
3.6.1 which is fraudulent, restricted, prohibited or otherwise unlawful or which is prohibited by these Terms of Use;
3.6.2 in a manner that will infringe software, data, or material protected by trade secret, copyright, patent or other content which is subject to third party intellectual property rights;
3.6.3 that contains a virus, worm, trojan, or other harmful software or component;
3.6.4 that is or likely to defame, harass, threaten, abuse, menace, offend, violate the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings;
3.6.5 which contains any sexually explicit, indecent, racially, ethnically or otherwise objectionable or offensive material;
3.6.6 which interferes with other visitors to the Website, or restricts or hinders any person from accessing or using the Website.
3.7 Rae’s will not be liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, the Website or any links to third-party sites, and for the downloading of any material posted on the Website or any third-party site.
3.8 When you subscribe to Raes via the Website, you consent to receiving exclusive journals via email from our brands, including Raes, M.Y Sea Raes and The Bonobo.
4. Termination and suspension
4.1 Rae’s may, at any time, with or without cause or any notice to you, terminate or suspend your access to the Website, reservation facility and our products and services. Raes will not be liable to you or any third-party for any such termination or suspension.
4.2 Rae’s may, at any time, discontinue the Website (or any part thereof) without further notice to you. Raes will not be liable to you or any third-party if for any reason the Website is unavailable at any time or for any period.
5. Intellectual Property
5.1 All information, text, materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, images, links, and software published or otherwise contained on the Website (Content) are the exclusive property of Raes or its licensors. This Content is protected by copyright, trade mark and other intellectual property laws.
5.2 Unless otherwise expressly stipulated in these Terms of Use, the Content may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means without the express prior written permission of Raes. If you print off, copy, download or retransmit any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.
6. Links to this website
6.1 You may only link to our home page on the Website, provided you obtain our prior written consent. These links must not cause damages, including to our reputation and must not be linked on any websites that you do not own. You must not establish a link that may suggest any form of connection, association, approval or endorsement from Raes where none exists. To request our written consent, please contact us via email at [email protected]. We reserve the right to withdraw our permission.
7. Limitation of liability and indemnity
7.1 To the extent permitted by law, Raes and its officers, affiliates, employees, partners and representatives, hereby expressly exclude:
7.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
7.1.2 any liability to you or any third person however arising (and whether arising under statute, in tort (for negligence or otherwise), breach of contract or otherwise, even if foreseeable) for:
(a) personal injury or death to you or any third person;
(b) special, direct, indirect or consequential loss or damage; or
(c) loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind,
in any way connected with the Website, the booking facility, the products or services, or in connection with the use, inability to access or use the Website, or any Content or information contained on the Website.
7.2 Notwithstanding the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited, and if any liability remains it will be limited to any one or more of the following in our sole discretion:
7.2.1 in the case of any products, the replacement or repair of the products, or the supply of equivalent products, or the payment of the cost of repairing or replacing the products or supplying equivalent products; and
7.2.2 in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
7.3 Notwithstanding the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
7.3.1 the use of the Website, the booking facility or any other products or services used or accessed via, or associated with the Website;
7.3.2 a breach of these Terms of Use; or
7.3.3 an infringement of any rights of another.
8. No Waiver
8.1 Raes failure to exercise any of its rights and remedies does not constitute a waiver of such rights or remedies. Failure on Raes’ part to insist on the performance of your obligations under these Terms of Use will not relieve you from compliance with your obligations.
8.2 Should Raes waive any default, this does not constitute a waiver of any subsequent defaults.
8.3 No waiver shall be effective unless expressly stated by Raes to be a waiver and communicated to you in writing.
9. Severability
If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.
10. Entire agreement
10.1 These Terms of Use, our Privacy Policy, and any documents referred to in them, constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between the parties relating to the subject matter.
10.2 You acknowledge that, in entering into these Terms of Use, you do not rely on, and subsequently will not have any remedies for, any representation or warranty that is not set out in these Terms of Use.
11. Governing law
These Terms of Use are governed by and construed according to the law of the state of New South Wales, Australia. By using the Website, you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
If you have any questions in relation to the use of this website or the Terms of Use please contact us by email at [email protected].
Updated: April 2025
