Terms and conditions

Acceptance

1. You accept these terms and conditions by entering (or remaining on) the premises. 

2. You also accept these terms and conditions by: providing or receiving goods, services or accommodation to or from us; sending or accepting an invoice to or from us; making or accepting a payment to or from us; or by viewing or accessing any of our information, documents, or files, including on our computers.

Extra care

3. Whilst on the premises, you must take extra care and responsibility for your own health, safety and welfare and that of the people living or at the premises.

Security cameras and CCTV

4. You consent to the use of security cameras and CCTV on or near the premises, with monitoring and recording of activity in both audio and visual formats. 

5. You also consent to us or another person monitoring, reviewing, communicating, copying, and retaining such recordings for any purpose, at any time, to the full extent permitted by law.

Personal belongings

6. You must always keep your personal belongings with you (or to store them in a safe and secure place) when on the premises.

Dangerous goods

7. You must not bring onto the premises, store or use unsafe or dangerous goods or substances.

No smoking

8. You must not smoke (or vape) while on or near the premises.

No dogs

9. You must not bring dogs (other than guide dogs) on the premises.

Alcohol

10. You must not bring onto the premises or consume on the premises alcohol or other (non-prescribed) drugs.

Children

11. You are responsible for any children or other persons requiring assistance that you bring onto the premises.

No photos

12. You must not take any photos, videos or make any other recordings whilst on or near the premises.

Clean, tidy and safe

13. You must keep and leave the premises clean, tidy and safe at all times.

Medical conditions

14. You must not enter the premises if you have a serious medical condition such as epilepsy or a heart condition or if you are affected by any drugs, alcohol or medications.

15. You consent to receiving all medical treatment we may consider necessary or desirable in the event that you suffer an injury or have a medical episode whilst on or near the premises.

Unlawful conduct

16. You must not engage in unsafe, antisocial, disruptive, or unlawful conduct while on the premises.

Signs and directions

17. You must follow all signs and directions given to you before you enter or whilst on the premises.

Private and confidential

18. You must keep private and confidential our communications, all other documents, and any information you receive or hear whilst on the premises or any other information that you view or access in our files or on our computers. In particular, you must not copy or share any such information, documents or files.

Warranty

19. You warrant that all goods, services and accommodation provided to us at any time will be fit for purpose or otherwise suitable and appropriate, will perform or be to a high, professional, standard, and will last or perform to a high standard for the useful life of the goods.

Comply with laws and best practices

20. You must comply with all relevant laws, including occupational health and safety laws and health laws, including Covid-19 health guidelines, and all applicable best practices whilst on the premises or providing goods, services, or accommodation to us.

Own risk

21. You accept that you enter, stay, use, and leave the premises at your own risk.

Release

22. To the full extent permitted by law, you forever release, discharge, and forgive us for any and all injury, harm, death, theft, loss, damage, liability, claims or expenses arising at any time and on any basis whatsoever in connection with you:

1. entering, using, leaving or being on the premises at any time; and/or

2. receiving goods, services or accommodation from us at any time.

Indemnity

23. To the full extent allowed by law, you indemnify us (ie must reimburse us as a debt) for any expense or cost we incur on any basis whatsoever in connection with your:

1. conduct, act, default, or omission (or our allegation of such) whilst entering, leaving, using or being on the premises at any time;

2. death, injury, harm, or loss while on the premises at any time (limited to indemnifying us for our expenses and costs for the period up until our liability, if any, notwithstanding the release above, is finally determined by a Court); and/or

3. breach of these terms and conditions at any time (or our allegation of such),

and you must pay us within 90 days of our written request to be reimbursed, with time being of the essence.

Tell us

24. You must immediately tell us if you breach, or may have breached, these terms and conditions.

Timing

25. For the avoidance of doubt, these terms and conditions can apply to facts that took place or other matters that arose prior to you accepting these terms and conditions.

Inconsistency

26. These terms and conditions prevail to the extent of any inconsistency with any representation, promise, or other agreement between us now or in the future and prevail notwithstanding that these terms and conditions may provide for an additional obligation or time period over any applicable statutory minimums.

27. If any of these terms and conditions are found to be void, voidable, illegal, or unenforceable, those terms and conditions are to be read down to the extent necessary to give the remainder of this agreement full force and effect.

We, us, you

28. “We” or “us” means Tom Oates, including Tom Oates trading as Manly House Group ABN 15 288 464 005. 

29. “You” includes your employees, contractors, agents, and any other person you are responsible for.

Premises

30. The premises means all property owned or operated by us, including without limitation, at 89 Wyadra Avenue North Manly NSW 2100 and 14 Myrtle Street North Balgowlah NSW 2093.

Version

31. These terms and conditions apply on and from 28 February 2023.