Terms of Use

Last Updated: 1 January 2025

Welcome to calmorianresortstay.com (the "Website"), the official online presence of Calmorian Resort Stay, located in Brisbane, Australia. This Website is owned and operated by , a company registered in Australia, with its registered address at (referred to herein as "we", "us", or "our").

Please read these Terms of Use ("Terms") carefully before using this Website. By accessing or using any part of this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue your use of this Website.

1. Acceptance of Terms

By accessing, browsing, or otherwise using this Website, you enter into a legally binding agreement with . These Terms govern your use of the Website, including all content, features, information, services, and functionality available through it.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting to this Website with an updated "Last Updated" date. Your continued use of the Website following any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

These Terms apply to all visitors, users, registered members, and any other persons who access or use this Website, whether for informational purposes, to make reservations, to access gaming-related content, or for any other purpose.

2. Age Restriction

This Website, and the services and facilities described or offered through it — including but not limited to hotel accommodation, casino gaming, gambling-related content, and the purchase or consumption of alcohol — are strictly intended for persons who are 18 years of age or older.

In accordance with the laws of Australia, including applicable Queensland state legislation governing gambling and the service of alcohol, any person under the age of 18 is expressly prohibited from:

  • Accessing or using any gambling or casino-related features or content on this Website;
  • Making bookings or reservations for gaming facilities;
  • Registering for any account or membership that grants access to casino or gaming services;
  • Attending or entering any gaming area at Calmorian Resort Stay.

By using this Website, you represent and warrant that you are at least 18 years of age. We reserve the right to request proof of age at any time and to suspend or terminate access to any user who we reasonably believe is under the minimum age requirement. accepts no liability for any misrepresentation of age by a user.

If you are a parent or guardian and believe that a minor has accessed this Website or used our services in violation of these Terms, please contact us immediately at the details provided in the Contact section below.

3. Use of the Website

3.1 Permitted Use

This Website is provided for lawful personal and informational use only. You are permitted to browse the Website, make enquiries, submit reservation requests, and access content in accordance with these Terms and all applicable Australian laws and regulations.

3.2 User Obligations

As a condition of your use of this Website, you agree to the following obligations:

  • You will only use this Website for lawful purposes and in a manner consistent with all applicable federal, state, and territory laws of Australia, including but not limited to the Interactive Gambling Act 2001 (Cth), the Casino Control Act 1982 (Qld), and any other relevant Queensland gaming and hospitality legislation;
  • You will not use this Website to engage in any fraudulent, deceptive, misleading, or unlawful activity;
  • You will not attempt to gain unauthorised access to any part of this Website, its servers, or any systems or networks connected to the Website;
  • You will not transmit any viruses, malware, or other harmful code or software through this Website;
  • You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website's content without express written permission from ;
  • You will not engage in any conduct that restricts or inhibits any other user's enjoyment or use of the Website;
  • You will not use any automated systems, bots, scrapers, or data mining tools to access or extract content from this Website without our prior written consent;
  • You will provide accurate, current, and complete information when making reservations, registering an account, or submitting any form on this Website;
  • You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
  • You will comply with any additional guidelines, policies, or rules posted on specific areas of the Website, which are incorporated into these Terms by reference.

3.3 Account Responsibility

If you create an account on this Website, you are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. will not be liable for any loss or damage arising from your failure to comply with this obligation.

4. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video material, digital downloads, data compilations, and software, is the property of or its content suppliers and is protected by Australian and international copyright and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use this Website solely for personal, non-commercial purposes in accordance with these Terms. No other rights are granted. Unauthorised use of any content from this Website may constitute a breach of copyright, trademark, or other applicable laws.

5. Privacy

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) contained within it. By using this Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

6. Third-Party Links and Content

This Website may contain links to third-party websites or services that are not owned or controlled by . We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

The inclusion of any link on our Website does not imply endorsement, approval, or recommendation by of the linked website or its content.

7. Disclaimer of Warranties

This Website and all of its content, services, and features are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable Australian law, expressly disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Any warranty that the Website will be uninterrupted, timely, secure, or error-free;
  • Any warranty regarding the accuracy, reliability, or completeness of any content or information available through the Website;
  • Any warranty that defects or errors in the Website will be corrected.

Nothing in these Terms is intended to exclude or limit any consumer guarantees or rights that cannot be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other non-excludable statutory rights you may have under applicable Australian law.

8. Limitation of Liability

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, , its directors, officers, employees, agents, contractors, affiliates, and licensors shall not be liable for any loss or damage of any kind arising out of or in connection with:

  • Your use of, or inability to use, this Website or any of its content, features, or services;
  • Any reliance placed by you on information or content published on this Website;
  • Any errors, omissions, interruptions, delays, or inaccuracies in the content or operation of the Website;
  • Unauthorised access to or alteration of your data or transmissions;
  • Any conduct or content of any third party accessed through this Website;
  • Any transactions or interactions you engage in with third parties found on or through this Website;
  • Any loss of profits, revenue, data, business, goodwill, or anticipated savings, whether direct, indirect, incidental, special, consequential, or punitive in nature.

Where our liability cannot be excluded under applicable Australian law, including under the Australian Consumer Law, our liability is limited to the fullest extent permitted. For services supplied by us that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited, at our option, to either the resupply of the services or the payment of the cost of having the services supplied again.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

9. Responsible Gambling

is committed to promoting responsible gambling practices. Gambling services offered at our resort are intended solely for entertainment purposes and must be engaged in responsibly. If you or someone you know may have a gambling problem, we encourage you to seek assistance from the following independent support services:

Gambling is prohibited for persons under the age of 18. We reserve the right to exclude any individual from our gaming facilities in accordance with applicable Queensland legislation and our internal responsible gambling policies.

10. Indemnification

You agree to indemnify, defend, and hold harmless , and its directors, officers, employees, agents, and affiliates, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of or access to this Website;
  • Your violation of any of these Terms;
  • Your violation of any applicable law, regulation, or third-party right;
  • Any content you submit, post, or transmit through the Website.

11. Dispute Resolution

11.1 Governing Law

These Terms and any dispute, claim, or matter arising out of or in connection with these Terms, your use of this Website, or any services offered by through this Website shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, and the applicable federal laws of the Commonwealth of Australia, without regard to its conflict of law provisions.

11.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia, and the Federal Court of Australia (where applicable), in respect of any dispute or claim arising out of or in connection with these Terms or the use of this Website. You waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum.

11.3 Informal Resolution

Before initiating any formal legal proceedings, we encourage you to contact us directly to seek an informal resolution to any concern or dispute. Please contact us at the details provided in the Contact section below. We will make reasonable efforts to resolve disputes amicably and in a timely manner.

11.4 Mediation

If a dispute cannot be resolved informally within 30 days of written notice from either party, both parties agree to consider mediation as an alternative to litigation, conducted through a mutually agreed mediator or through a recognised dispute resolution body in Queensland before pursuing further legal action. Costs of mediation shall be shared equally unless otherwise agreed.

11.5 Australian Consumer Law

Nothing in this dispute resolution clause affects your rights under the Australian Consumer Law or your ability to lodge a complaint with the Australian Competition and Consumer Commission (ACCC), the Queensland Office of Fair Trading, or any other relevant regulatory authority.

12. Termination of Access

reserves the right, at our sole discretion and without notice or liability, to suspend or terminate your access to all or any part of this Website for any reason, including but not limited to your breach of these Terms, suspected fraudulent or illegal activity, or conduct that we determine to be harmful to other users, third parties, or our business.

Upon termination, all licences and rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property clauses, disclaimers, limitation of liability, and dispute resolution provisions.

13. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction in Australia, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on this Website, constitute the entire agreement between you and with respect to your use of this Website and supersede all prior agreements, representations, and understandings, whether written or oral, relating to such subject matter.

15. Contact Us

If you have any questions, concerns, or complaints regarding these Terms of Use, or if you wish to notify us of any issue related to this Website, please contact us using the following details:

We endeavour to respond to all enquiries within a reasonable timeframe.