This Site
Primewest Funds Ltd (ACN 134 321 216) as trustee for the Fremantle Esplanade Hotel Property (the Company) operates this Site and these Terms of Use. 
 

Use of this Site
By accessing this Site, irrespective of the method or platform by which you access and use this Site, you irrevocably agree to be bound by these Terms of Use.
Children under the age of 18 may not purchase any product or service from this Site and must obtain the permission and assistance of their parent or guardian to do this. You warrant that your use of this Site complies with all applicable laws and these Terms of Use and you unconditionally indemnify the Company for any breach of this. The Company reserves the right to deny access to this Site for any conduct that in its discretion it believes is unlawful or breaches these Terms of Use.
In using this Site, you must not:

 

• Disrupt the operation or security of this Site or any accounts, servers, or networks connected or accessible through this Site;

• Use this Site in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Site;

• Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise breaches any applicable law;

• Submit any material of any kind which infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trade mark or any other intellectual property right without first obtaining the permission of the owner or relevant right holder;

• Submit any material of any kind which contains a virus or other harmful component;

• Delete any author attribution, legal notices, or proprietary designations or labels in any material that is submitted;

• Modify or delete any content on this Site or add any content to this Site; or

• Attempt to gain unauthorised access to any part of this Site.

 

The Company reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which breach any applicable or relevant law.

 

Advertising and Other Links

This Site may contain links to third party controlled websites (Linked Websites) including for advertising which unless expressly stated on those Linked Websites are not controlled by the Company. The Company is not responsible for the content, nor does the Company warrant the accuracy of the content on Linked Websites and you agree that your use of Linked Websites and the content contained is entirely at your own risk. You also agree that the Company is not liable or responsible for any goods or services provided by third parties that operate Linked Websites.
 

Amendment
The Company may amend these Terms of Use from time to time in its absolute discretion and you agree to be bound by that variation from when it appears on this Site. You understand and agree that if you use the Site after the date on which the Terms of Use have changed, the Company will treat your use as acceptance of the updated Terms of Use.
 

Booking Fees
An online booking merchant fee of 1.7% applies. Bookings can also be made via the phone or email to avoid this merchant fee however credit card fees still apply.
 

Booking changes
To make changes to the date, time or number of diners, for regular restaurant bookings please contact the restaurant directly at-least 24-hours in advance of the scheduled meal period (48-hours for groups of 10 or more) and quote the Booking Name. Changes will be subject to the restaurants availability. For pre-paid special event bookings (e.g. Father’s Day) please refer to specific terms and conditions for each event. 
 

Booking No Shows
Failure to attend the restaurant at the reserved time without prior notification to the restaurant will result in you being identified as a "no-show." We may choose to restrict your future bookings with pre-payment or deposit terms if you are identified as being a "no-show". For pre-paid special events (e.g. Mother’s Day) please refer to specific terms and conditions for each event.
 

Booking Cancellations
We would be disappointed if your booking was to be cancelled. However, we realise circumstances occasionally make this necessary. The Hotel reserves the right to retain deposits or full pre-payment of any booking cancelled by the Client within 7 days prior to the booking date. 
For bookings that require a Credit Card Prepayment, any refunds or cancellations are solely at the discretion of the Restaurant. For bookings that require a Credit Card Guarantee, if you wish to cancel your reservation please contact the restaurant directly at-least 24 hours in advance of the scheduled meal period (48-hours for groups of 10 or more). Should this condition be breached the restaurant reserves the right to charge the provided credit card with the Guaranteed Amount.  
If you wish to cancel your reservation please contact the restaurant directly at-least 24 hours in advance of the scheduled meal period. For Group Bookings of 10 plus, please ensure to provide at-least 48 hours’ notice of any planned cancellations. The restaurant's contact details can be found in your confirmation e-mail.
 

Competitions
From time to time, the Company will run competitions on this Site and you agree to review and be bound by the terms and conditions of each competition you enter.
Complaints and Dispute Resolution
If you have a complaint about these Terms of Use please contact us at reservations_esplanadefremantle@evt.com.
 

Cookies
The Company uses cookie and other technology to track your use of this Site and to enhance your online experience. You can disable cookies via your browser settings.
 

Governing Law
The Terms of Use are governed by the laws of Western Australia and you submit to the exclusive jurisdiction of the courts of Western Australia.
 

Hotel Information
This Site may contain Hotel information such as Hotel facilities and food and beverage outlets which the Company understands is correct at the time of posting however is subject to change. The Company does not guarantee the accuracy of the Hotel information but will use its reasonable efforts to keep the details accurate.
Intellectual Property Rights

As between you and the Company, you agree that all intellectual property rights (including trade marks, logos, brands, graphics, images, text, software, computer programs, film clips, videos and other media) displayed on or relating to this Site are owned by the Company (or its licensors, sponsors, suppliers or related bodies corporate).  Apart from the personal, non-commercial use of the content of this Site, you must not do any of the following unless you have received the prior written permission of the Company:

i.    reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on this Site (including without limitation any underlying source code, movie session times or other data);
ii.    use any of the content on this Site (including movie session times) for commercial purposes or gain or to establish or operate your own product or offering;
iii.    interfere with, or attempt to interfere with, the proper working of this Site, (including, for example, by making excessive traffic demands on this website);
iv.    reproduce the Company’s trade marks or logos on another website;
v.    create a hyperlink to this Site.
vi.    Limitation of Liability

 

You acknowledge and agree that unless required by law, and without limiting the Australian Consumer Law or the Consumer Guarantees, this Site and its content is provided “as is” without warranties of any kind, express or implied. You also acknowledge that you use this Site and the material contained on this Site at your own risk and to the extent permitted by law, you agree that the Company (including its related bodies corporate and affiliates), its directors, officers, employees and agents exclude all liability to you or any other person including for any consequential loss or damage including indirect, incidental or special damages, or loss of business or profits, which results from your use or access of this Site and the material contained on it.

 

Material You Upload onto Site
For any material you upload onto this Site or submit to the Company through this Site including on forums or participation in competitions or film reviews, you warrant that you are the owner of this material or have obtained all necessary licences to use this material and that your use of this material complies with all applicable laws, for instance the material will not defame or vilify any person. You grant the Company a perpetual, irrevocable and royalty free licence to use this material for the purposes it was provided to the Company and consent to any acts by the Company which would otherwise be an infringement of your moral rights.
 

Member Programs
The Hotel offers a number of member programs and clubs including Priority Guest Rewards which you may choose to join. By joining any of these member programs or clubs you agree that you have reviewed and are bound by the applicable terms and conditions of each program and club.
Non-performance by the Hotel
In the event that the Hotel is unable to deliver the restaurant booking or special event for any reason beyond its control, including without limiting the 

i.    lack of overall bookings for the service period or special event or 
ii.    results of fire, strikes, lockouts, labour disputes, accidents, Government regulations or restrictions, acts of god, acts of war, terrorism or the making of any repairs or improvements, no claims shall lie against the Hotel by the customer in any manner whatsoever. 

 

If as a result of the matters referred to above which results in the Hotel being prevented from performing its obligations pursuant to the booking such that the event necessitates cancellation, the Hotel shall forthwith refund to the customer any monies paid by the customer to the Hotel.
In no circumstances shall the Hotel be liable to the Client for any damages caused by cancellation of the event.
 

Privacy Policy
The Company respects your right to privacy and has policies and procedures in place to ensure that all personal information collected by the Company is handled sensitively, securely and in accordance with regulatory requirements. Our Privacy Policy is available at www.rydges.com/privacy-policy. By using this Site or by purchasing any products or services from this Site, or by submitting any information to this Site, you agree to the collection and use by the Company of your personal information in accordance with this Privacy Policy.
 

Promotional Offers
From time to time, promotional offers (Offers) may be available on this Site. You acknowledge that these may not be able to be used at all the Hotels and your use of these Offers is subject to availability of the goods or services offered as well as any other additional conditions attached to the Offers.
 

Refund Policy
Where the Hotel is obliged to refund you any amount pursuant to these Terms and Conditions, the Hotel aims to initiate your refund within three (3) business days (Monday – Friday 9 a.m to 5 p.m Perth time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Hotel will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
 

Security and Anti-Fraud Measures
From time to time the Company may use techniques designed to identify fraudulent activities on this Site. You agree to cooperate with such efforts as the Company in its discretion deem necessary and further agree that if you or any others acting on your behalf are suspected of fraud or any other breach of these Terms of Use, the Company may immediately terminate your right to access and use this Site.
 

Severability
If any part of these Terms of Use is held to be illegal or unenforceable by a court of law, you agree to allow the Company to amend that part to the minimum extent necessary to make that part legal and enforceable. If that is not possible, that part will be severed from the Terms of Use with all other parts remaining in full force and effect.
 

Supply of Alcohol
The Hotel is licensed to serve alcoholic beverages. The Company supports the responsible service of alcohol. The Company reserves the right to check the identification of any customer who wishes to purchase alcoholic beverages at the Hotel.