BidWings - TERMS AND CONDITIONS
This online platform (Platform) is operated by Fiducia Media Holdings Pty Ltd (ACN 616 689 331) t/as BidWings or its successors and assignees (we, our or us). It is available at: www.bidwings.com and may be available through other addresses or channels, including on our mobile application.
In these terms and conditions, Platform refers to our marketplace regardless of how you access it. The Platform connects hotels (Hotels) with travellers (Customers) by facilitating introductions between Hotels and Customers including by providing a booking service for Customers.
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
These Terms supplement and incorporate our policies and terms and conditions posted on the Platform.
If you access or download our mobile application from (i) the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or (ii) the Google Play Store, the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use third party services, including but not limited to Google Maps, HotelsPro, Hotelbeds, TrustYou, WEM and Stripe API(s). Your use of the Platform is subject to you agreeing to any relevant third party terms and conditions relating to these third party services.
The Platform provides an introductory service for Hotels and Customers (Bids), in addition to a booking service for Customers to book accommodation directly with Hotels through a third party booking provider.
(a) A Hotel that wishes to offer rooms and/or travel packages for sale to Customers (i) creates an account on the Platform, (ii) signs up to an annual subscription and (iii) posts an accurate and complete description of the accommodation deals or packages they offer (including the fee or price to be paid by the Customer, if applicable) (Listing).
(b) A Customer that wishes to make a direct booking (Book Now) with a Hotel for a Listing without negotiation must follow the process set out on the Platform, and complete the direct booking on the platform and through the relevant third party booking provider.
(c) A Customer that wishes to negotiate a certain accommodation deal or package with a Hotel(i) creates an account on the Platform, (ii) reviews the Listings uploaded by Hotels and (iii) makes a request (Bid) for a booking Offer which is sent to the Hotel through the Platform.
(d) Once a Hotel has received a Bid, the Hotel can respond to the Customer with an offer of accommodation (Offer), and the Hotel and Customer can communicate privately using our private messaging service. Each time a Platform user receives a message from the Platform messaging service, a notification may be sent to the user via their currently active communication channel. By making an Offer, the Hotel confirms that they are legally entitled to and capable of supplying the accommodation deal or package described in the Listing.
(e) If a Hotel has reached agreement with a Customer on a negotiated accommodation deal or package, and a customer has accepted the Offer, a (Bids) Booking will have successfully been made.
(f) Once a Booking has been made, we will provide the Customer with a voucher that outlines the negotiated terms of the Offer. The Customer must then provide the platform with their credit card details for the purposes of securing the Booking, and the Hotel will subsequently confirm the Booking. The Customer is charged for the Booking at the point of accepting the Offer, and will pay any relevant booking fee set out on the Platform.
(g) You understand and agree that the Platform is an online introductory platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Hotels are independent third parties and not our employees, contractors, partners or agents.
(h) We are not a party to any agreement entered into between a Hotel and a Customer. We have no control over the conduct of Hotels, Customers or any other users of the Platform.
(i) We accept no liability for any aspect of the Customer and Hotel interaction, including but not limited to the description of accommodation offered, the performance of services and the delivery of goods. We do not assist or involve ourselves in any way in any dispute between a Customer and a Hotel outside of sharing transcripts and booking details as required by law.
(j) Your Booking may be subject to additional terms and conditions as set out by the Hotel or the 3rd Party Suppliers, including a cancellation policy for failing to complete the Booking. Please ensure that you read these terms and conditions carefully and contact the Hotel or the Nominated 3rd Party Supplier (see Booking voucher) directly if you have any queries.
Our Platform also operates as a direct booking platform (Book Now) between Hotels and Customers, where Customers can book accommodatio with Hotels without making a Bid (Direct Booking), through our partners, including www.hotelspro.com and www.hotelbeds.com. The terms and conditions (including payment terms and refund and cancellation policies) for Direct Bookings are determined by the Hotel and/or the relevant booking provider, as applicable.
(b) We may disclose that information to Hotels in order for them to complete your Booking, third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Registration and Profiles
(a) You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
(b) You may only have 1 Account on the Platform. If you are a hotel group and you own more than one Hotel, you are able to use 1 Account for the management of a group of Hotels.
(c) You must provide basic information when registering for an Account including name, email address, and location and you may choose a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
(d) If you are a Hotel, we will review your request for an Account before approving the request. We may request additional information, including details of your Hotel’s website, registered business number, ID verification documents, billing information and the contact details of a key contact. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
(e) The key contact for the relevant Hotel or group of Hotels is responsible for all administrative tasks related to that Account, including bid management, account settings, user management, content management and promotions. Each key contact can only manage a single Hotel or group of Hotels.
(f) If you are a Customer, once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal, and you must not transfer it to others, except with our written permission.
(g) You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
(h) You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including bookings made or accepted using your Account details, whether or not you authorised such activities or actions.
(i) You will immediately notify us of any unauthorised use of your Account.
(j) At our sole discretion, we may refuse to allow any person to register or create an Account.
Ratings and Reviews
(a) Customers may rate a (Rating) and/or may provide feedback to Hotel regarding the travel experience of the Customer at the Hotel (Review).
(b) Ratings and Reviews of a Customer can be viewed by any user and will remain viewable until the relevant Hotel’s Account is removed or terminated.
(c) A Customer must provide true, fair and accurate information in their Review.
(d) If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the Customer from posting the Review. We do not undertake to review each Review made by a Customer.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may not publish Reviews for Hotels to which you have personal or professional relations.
(g) You can write a Review about a Hotel if you have had a booking or service experience with that Hotel, which means that:
(1) you have made a booking with that Hotel; or
(2) you have stayed at the Hotel; or
(3) you can otherwise document your use of the Hotel’s service, including via correspondence or other interaction with the Hotel,(collectively referred to as a Service Experience).
(h) You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) You may not write a review about a Hotel you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Hotel, or work for the Hotel. Similarly, you may not write a Review about a direct competitor to the Hotel you own, are employed by or work for.
(j) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
(k) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Hotel to write a Review, you should include information about this in your Review. Incentives include the Hotel offering you a gift, reward, discount or advantage for writing a Review about the Hotel on the Platform.
(l) We may publicly display a rating for each Hotel in relation to their responsiveness to Bids.
(m) We may also publicly display ratings and reviews from third party platforms.
From time to time, we may offer additional services for Hotels (such as marketing, advertising and related services). Any additional services will be governed by separate terms and conditions, and on commercial terms as agreed between the parties.
We may also, from time to time, publish information onto the Platform relevant to your use of the Platform, including government updates, location-based information, warnings and health updates.
(a) The Platform has a forum on which Customers are able to communicate.
(b) We ask you to limit your discussions to topics which are relevant to the Platform.
(c) We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.
(d) Customers are able to use the Platform to organise group bookings at Hotels, negotiate packages on behalf of a group and otherwise discuss topics in relation to Hotels and the Platform.
Fees and Payments
(a) It is free to register an Account on the Platform. There is no charge for a Customer to create a Bid, or for other users to review content on the Platform, including Hotels.
(b) Any payments will be made to us will be through our third party payment processor, currently Stripe, or by any other payment method set out on the Platform. Any payments in relation to Bookings will be through the payment processing method of the relevant Hotel or third party booking provider.
(c) The payment terms for Direct Bookings and Bookings negotiated with Hotels will be set out in the terms and conditions of the third party booking provider or the Hotel, as applicable.
(d) For Hotels that subscribe to our premium subscription offering, Hotel memberships may begin with a free usage period. The following terms apply to any free usage periods we offer to Hotels:
(1) The free usage period of your membership lasts for 1 month, or for a period otherwise specified in our offer during the account registration process.
(2) We determine free usage eligibility in our sole discretion and we may limit eligibility to prevent free usage abuse. We reserve the right to revoke the free usage period and suspend your Account in the event that we determine that you are not eligible.
(3) We may charge your chosen payment method (such as your credit card) for your membership fee at the end of the free usage period unless you cancel your membership prior to the end of the free trial period, subject to the payment of any relevant cancellation fees.
(e) If a Hotel does not cancel your membership before the end of any usage period, your membership will continue on a recurring basis depending on the billing cycle period chosen until terminated.
(f) Subscription fees for Hotels are based on US Dollars, and are exclusive of any relevant local taxes or surcharges, which may be added on to the subscription fee.
(g) To the extent permitted by law, any membership fees paid are non-refundable, however Hotels may temporarily or permanently switch off their availability if they do not wish to receive Bids.
(h) For Hotels that subscribe to our premium subscription offering, you agree to an annual subscription unless otherwise set out in the Platform. Should you wish to cancel your subscription during the subscription term, you agree to pay the relevant cancellation fee set out on the Platform.
(i) The membership fee for a Hotel for the Platform and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis as set out on the Platform. In some cases, you may elect to pay a certain portion of the membership fee in advance. In some cases your payment date may change, for example if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
(j) We set out a number of payment methods on the Platform. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor; please review these terms and conditions before using your selected payment method.
(k) If you are a Hotel, and our payment platform is used in the booking process, you appoint us as your limited payment collection agent solely for the purpose of accepting the fees from the relevant Customer. You agree that we will not be required to pay you any amount until we have received the fees from the relevant Customer, that we will deduct any and all booking fees set out on the Platform from any fees we receive and that we may grant refunds to Customers in accordance with the rules set out on the Platform.
Refund and Cancellation Policy
Any cancellation, exchange or refund of accommodation deals and/or packages is strictly a matter between the Hotel and the Customer. The terms and conditions agreed to between the Hotel and the Customer should be set out clearly in Listing in respect of the accommodation deal and/or package, and in respect of any Direct Bookings will be set out on the Platform, or as otherwise agreed by the Hotel and Customer.
Any credit card charge backs or reversals received by us relating to a Booking will be charged to the relevant Hotel, including any fees charged to us by third parties in respect of the charge back.
Licence to use our Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using our Platform to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Platform;
(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(e) anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and hospitality regulations;
(f) using our Platform to find a Customer or Hotel and then completing a Booking or transaction independent of our Platform in order to circumvent the obligation to pay any fees related to our provision of the Platform;
(g) as a Hotel, offering any travel or hospitality services that you do not intend to honour or cannot provide;
(h) as a Customer, making any offers to Hotels that you do not intend to offer;
(i) using our Platform to send unsolicited email messages; or
(j) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
No commercial use: For Customers, our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
(c) The goods and services provided by a Hotel might also confer you certain Statutory Rights.
Notice regarding Apple
(a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
(b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
(c) If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
(d) Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to:
(1) product liability claims;
(2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and
(3) claims arising under consumer protection or similar legislation.
(e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
(f) You agree to comply with any applicable third-party terms when using our mobile application.
(g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
(h) You hereby represent and warrant that:
(1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Warranties, disclaimers and indemnity
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Hotels, Customers, accommodation packages or Listings including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free and free from viruses;
(c) our Platform will be secure;
(d) accommodation packages will be requested by Customers or that Customers will find desirable accommodation packages;
(e) accommodation packages are of a particular standard or meet the Listing description.
You read, use, and act on our Platform and the Content at your own risk.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability; and
(b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) loss of, or damage to, any property, or any injury or loss to any person;
(2) failure or delay in providing the Platform or our services; or
(3) breach of these Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control;
(5) a fault , defect, error or omission in your computing environment; or
(6) act or omission of you or your related parties,
(7) and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
(d) You acknowledge and agree that (i) you use the Platform or our services at your own risk, (ii) the provision of the Platform or our services may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
(e) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
(f) Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
(g) This clause will survive the termination or expiry of these Terms.
(a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform. No refunds will be made upon cancellation.
(b) At our sole discretion, we may suspend your Account or terminate these Terms immediately if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Hotel your Listings or accommodation packages at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Reviews or Ratings or we have received complaints about you including due to repeated cancellations of Bookings.
(c) If we suspend your Account or terminate these Terms, we will cancel any existing Bookings and in the case of a Hotel breach, you will be required to refund the relevant Customers, and in the case of a Customer breach, you will lose any amounts paid.
Disputes: We encourage Hotels and Customers to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us through the contact form on the Platform.
Fiducia Media Holdings Pty Ltd (ACN 616 689 331) t/as BidWings
Last update: 5 June 2020