The Quest Online Advantage Program is governed by the following terms and conditions (“T&Cs”). Quest may amend these T&Cs from time to time in our sole discretion upon posting the amended version on the Brand Website. By your enrollment and continued participation in the Online Advantage Program, you agree to be bound by these T&Cs, as may be amended from time to time.
1.1. In these T&Cs, the following words and expressions shall have the meanings respectively assigned to them hereunder unless the context requires otherwise:
means Quest Brand Pty Ltd, the operator of the Online Advantage Program. Quest Serviced Apartments Pty Ltd is a company incorporated in Australia and having its registered office at Level 21, 390 St Kilda Road, Melbourne, Victoria 3004;
means www.questapartments.com.au, www.questapartments.co.uk, www.questapartments.com or such other website(s) as may be specified by Quest;
means the member of the Online Advantage Program;
means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which we have or are likely to have access;
means the date on which the Member signs up to the Online Advantage Program
means the Member.
1.2. The headings in these T&Cs are inserted for ease of references only and shall not affect the construction of these T&Cs.
2.1. The Online Advantage Program is a program that provides members with a 10% discount off the Best Flexible Rate, advanced purchase rate and extended stay rate specified on the Brand Website on the day of booking when they book their accommodation via the Brand Website for Quest Apartment Hotels located in Australia and the United Kingdom on the day of booking when they book their accommodation via the Brand Website in accordance with the terms and conditions set out in this document. The 10% discount does not apply to any hotel deals, special offers or promotions advertised on the Brand Website, unless otherwise agreed by the property providing the accommodation and does not apply to any Quest Apartment Hotels located in New Zealand and Fiji.
2.2. To qualify for the Online Advantage Program, you must be aged 18 or above as at the Sign-up Date.
2.3 Quest may deny membership to the Online Advantage Program to any applicant in its sole discretion and without written notice.
3.1. Each Member will have one Account. You shall be responsible for the security and access of that Account.
3.2. If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. You acknowledge and agree that you will be the only authorised user of the Account and shall not provide or make known the username and password to any other person for any purpose. Notwithstanding the foregoing, you remain responsible for all actions carried out or purported to be carried out via the Account. Quest cannot be held liable for the consequences of any unauthorised disclosure of the username or password by you or unauthorised use of the username or password.
3.3. We have the right to disable any username or password whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these T&Cs.
3.4. All information provided by a Member must be valid and accurate and Personal Data must be kept current. You agree to promptly update Quest of any changes to your Personal Data by accessing and updating the Account via the Brand Website.
Online Advantage Program communications may be sent to a Member’s mailing address or email address currently provided in a Member’s Account. Quest may also send the Member promotions, offers and other communications from time to time which may include, without limitation, items from third parties.
5.5. For the purposes of Clauses 5.3 and 5.4, “Personal Data” shall mean “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”
Without prejudice to any of the other terms or conditions in these T&Cs and to the maximum extent permitted under applicable law, Quest shall not be liable to you for any loss, damage, inconvenience, moral distress, cost and expense of any nature (including, without limitation for any act, omission, neglect or wilful default on the part of our agents, contractors, correspondents and/or their respective officers and employees) which in any way may be suffered or incurred by you or by any other person in respect of or in connection with the Online Advantage Program, and/or in connection with the collection, use, disclosure and/or processing of any Personal Data in accordance with these T&Cs. Each Member releases and discharges Quest from all claims in relation to the aforesaid loss, damage, inconvenience, embarrassment, cost and/or expense.
7.1. The Online Advantage Program and its benefits are offered to you at the sole and absolute discretion of Quest. Without prejudice to the other terms of these T&Cs, we are entitled at any time in our absolute discretion and without liability to you, without notice and without giving any reason, to: (a) suspend or terminate the Account entirely whether or not you are in breach of these T&Cs; (b) refuse to allow you to participate in the Online Advantage Program; and/or (c) introduce, amend, vary, restrict, suspend or terminate the Online Advantage Program or all or any of the benefits, services, facilities and privileges in respect of or in connection with the Online Advantage Program.
8.1. The Online Advantage Program is non-transferable and is personal to you.
8.2. Quest has the right, in its sole and absolute discretion, to terminate your membership in the Online Advantage Program with immediate effect at any time in the event of the occurrence of any of the following: (a) if you act fraudulently or use the Online Advantage Program in a way that does not comply with (i) these T&Cs, (ii) any notices or guidelines which Quest may issue from time to time, and/or (iii) any applicable laws or regulations; (b) if you fail to pay any amounts due for accommodation when they fall due; (c) if you act in an inappropriate, fraudulent, abusive or hostile manner; or (d) if you act in a manner inconsistent with applicable laws and regulations.
8.3. The rights of termination set forth in this Clause 8 shall be without prejudice to Quest’s rights or remedies at law.
You may cancel your membership of the Online Advantage Program at any time by sending written notice of cancellation via email to Quest at email@example.com.
10.1. Quest may amend these T&Cs from time to time in our sole and absolute discretion without notice to you.
10.2. Each of the terms in these T&Cs is severable and distinct from one another and if at any time, any one or more of these T&Cs or any part thereof is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not thereby be affected or impaired in any way.
10.3. Unless otherwise provided by these T&Cs, nothing in these T&Cs will affect the validity and enforceability of our rights or remedies under any other terms and conditions which will continue to apply.
10.4. The rights and remedies provided in these T&Cs are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).
10.5. No failure on our part to exercise and no delay on our part in exercising any right or remedy under these T&Cs will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right of remedy. Any waiver by us of our rights or remedies in respect of any terms under these T&Cs or of any of your breaches of these T&Cs must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.
10.6. These T&Cs are governed by and shall be construed in accordance with the laws of the state of Victoria, Australia. You hereby irrevocably submit to the jurisdiction of the courts of Victoria, Australia.
10.7. Any translation of these T&Cs shall not be an official translation of the English version of these T&Cs. In cases where there are any differences between the English version and any translated version of the T&Cs, the English version will prevail.