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Quest Burwood East | Twin Bedding

Quest Online Advantage

Membership Terms & Conditions

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. DEFINITIONS

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:

"Quest", "we", "our", or "us"

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;

 "Brand Website"

 means www.questapartments.com.au, www.questapartments.co.uk, www.questapartments.com or such other website(s) as may be specified by Quest;

 "Member"

means the member of the Online Advantage Program;

"Personal Data"

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;

"Sign-up Date"

means the date on which the Member signs up to the Online Advantage Program

 "you" and "your"

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. THE PROGRAM

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. ACCOUNT MANAGEMENT

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.

4. MEMBERSHIP COMMUNICATIONS

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. PERSONAL DATA

5.1 By participating in the Online Advantage Program, you consent to the collection, use, disclosure and/or processing of your Personal Data by us, our subsidiaries, affiliates, business partners, authorised service providers and such other relevant third parties for the purposes of administering your participation in the Online Advantage Program, including sending you updates and information on the Online Advantage Program, such as program benefits, changes to the program, updates to policies and terms and conditions, information on your membership and such other purposes as may be reasonably related thereto, including, where applicable, those purposes set out in the Quest Privacy Policy in the relevant jurisdiction, available at, for Australia: https://www.questapartments.com.au/privacy, for UK https://www.questapartments.co.uk/privacy. In addition, and subject to the applicable requirements of applicable data protection laws, we may from time to time also send you information about the other products, services and special offers and promotions of Quest as well as our subsidiaries.

5.2 In addition, where the Personal Data of third parties is submitted to us, you represent and warrant to us that you have obtained the consent of such third parties for the collection, use, disclosure and/or processing of their Personal Data by us, our subsidiaries, affiliates, business partners, authorised service providers and such other relevant third parties for the purposes of administering the Online Advantage Program and such other purposes as may be reasonably related thereto, including, where applicable, those purposes set out in the Quest Privacy Policy, available as specified in clause 5.1.

5.3 Where the collection, use, disclosure, transfer or processing of Personal Data is regulated by the EU General Data Protection Regulation, without prejudice to the foregoing, you acknowledge and agree that the processing of such Personal Data is necessary for the provision and administration of the Online Advantage Program (including to send you updates and information on the Online Advantage Program, such as program entitlements, benefits, changes to the program, updates to policies and terms and conditions, and information on your membership), in order to fulfil our contractual obligations to you in connection with the Online Advantage Program and for the legitimate interests of Quest, our subsidiaries, affiliates, business partners, authorised service providers and such other relevant third parties, in connection with the administration of the Online Advantage Program. Subject always to the requirements of applicable data protection laws, we may from time to time also send you information about the other products, services and special offers and promotions of Quest as well as our subsidiaries. For further information on your rights in relation to your Personal Data and other information regarding Personal Data, please refer to the Quest Privacy Policy, available available as specified in clause 5.1.

5.4. Your Personal Data may be stored in external servers located in countries other than your own. We may also transfer your Personal Data for the purposes stated in these T&Cs and the Quest Privacy Policy to parties located in other countries and territories outside the UK or outside the European Economic Area (“EEA”). Where your Personal Data is transferred to locations outside the UK and the EEA, we will enter into a special type of contract (called Model Clauses) with the recipients of your Personal Data to ensure that they will provide adequate levels of protection for your Personal Data. If you wish, you may request more information about the transfer of your Personal Data and/or a copy of the Model Clauses by contacting our Data Protection Officer (whose contact may be found in the Quest Personal Data Protection Policy) who can provide the relevant information.

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.”

6. LIMITATION OF LIABILITY

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. SUSPENSION AND TERMINATION OF ACCOUNT; CHANGES AND UPDATES TO THE ONLINE ADVANTAGE PROGRAM

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. TERMINATION AND TRANSFERABILITY OF 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.

9. CANCELLATION OF MEMBERSHIP

You may cancel your membership of the Online Advantage Program at any time by sending written notice of cancellation via email to Quest at contact@questapartments.com.au.

10. MISCELLANEOUS

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.