Terms of Use
Effective Date: 1 January 2025
This website located at ivorybrookcreative.com (the "Site") is operated by Ivorybrookcreative Pty Ltd, a company registered in Victoria, Australia, with its registered office at 89 Liebig Street, Warrnambool VIC 3280, Australia (hereinafter referred to as "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of the Site and any services, content, or features made available through it. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Site.
1. Acceptance of Terms
By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a binding legal agreement between you and Ivorybrookcreative Pty Ltd.
We reserve the right to amend, modify, or update these Terms at any time at our sole discretion. Any changes will be posted on this page with an updated effective date. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.
These Terms apply to all visitors, users, guests, and others who access or use the Site, including those who make reservations, access promotional content, or use any interactive features provided through the Site.
2. Age Restriction
Access to and use of this Site, including any services offered through it such as hotel reservations and casino-related content or promotions, is strictly restricted to individuals who are 18 years of age or older. By using this Site, you represent and warrant that you are at least 18 years of age.
In accordance with the Casino Control Act 1991 (Vic) and the Gambling Regulation Act 2003 (Vic), persons under the age of 18 are prohibited from participating in any gambling or casino-related activities. Ivorybrookcreative Pty Ltd does not knowingly permit persons under the age of 18 to use this Site or access any gambling-related content or services.
If we become aware that a person under the age of 18 has accessed or used the Site in a manner inconsistent with these Terms, we reserve the right to immediately suspend or terminate that person's access. Parents and guardians are encouraged to take appropriate measures to prevent minors from accessing this Site.
3. User Obligations
As a condition of your use of the Site, you agree to comply with all applicable laws and regulations, including those of the State of Victoria and the Commonwealth of Australia. You agree that you will not:
- Use the Site for any unlawful, fraudulent, or malicious purpose, or in any manner that violates any applicable local, state, national, or international law or regulation;
- Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Site, or which, as determined by us, may harm Ivorybrookcreative Pty Ltd or users of the Site;
- Attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site;
- Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
- Use any automated device, software, process, or means to access, retrieve, scrape, or index the Site or any content on the Site without our prior written consent;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through the Site;
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without the express written permission of Ivorybrookcreative Pty Ltd;
- Provide false, inaccurate, or misleading information in connection with any reservation, registration, or other transaction conducted through the Site.
You are solely responsible for all activity that occurs under your account or through your use of the Site. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
4. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Ivorybrookcreative Pty Ltd or its content suppliers and is protected by Australian and international intellectual property laws. The compilation of all content on the Site is the exclusive property of Ivorybrookcreative Pty Ltd.
You may access and use the Site and its content solely for your personal, non-commercial use. No content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written permission.
5. Disclaimer of Warranties
The Site and all content, services, and features available through it are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Ivorybrookcreative Pty Ltd does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content or information displayed on the Site. Any reliance you place on such information is strictly at your own risk.
Nothing in these Terms shall exclude or limit any warranty or liability that cannot be excluded or limited under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot be excluded by agreement.
6. Limitation of Liability
To the maximum extent permitted by applicable law, including the laws of Victoria, Australia, Ivorybrookcreative Pty Ltd, its directors, officers, employees, agents, contractors, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with:
- Your access to or use of, or inability to access or use, the Site;
- Any conduct or content of any third party on the Site;
- Any content obtained from or through the Site;
- Unauthorised access, use, or alteration of your transmissions or content;
- Loss of data, revenue, profits, goodwill, or other intangible losses resulting from your use of the Site or services;
- Any errors, mistakes, or inaccuracies of content on the Site;
- Personal injury or property damage of any nature resulting from your access to and use of the Site.
Where liability cannot be excluded under applicable Australian law, including the Australian Consumer Law, our liability is limited, to the extent permitted by law, to resupplying the relevant services or paying the cost of having the services resupplied.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully limited or excluded under the laws of Victoria or the Commonwealth of Australia.
7. Third-Party Links and Content
The Site may contain links to third-party websites or services that are not owned or controlled by Ivorybrookcreative Pty Ltd. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to review the terms and privacy policy of any third-party websites you visit. Your use of any third-party website is at your own risk.
8. Privacy
Your use of the Site is also governed by our Privacy Policy, available on this Site, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, and disclose information about you when you use our Site. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained therein.
9. Responsible Gambling
Ivorybrookcreative Pty Ltd is committed to the promotion of responsible gambling practices. We encourage all patrons to gamble responsibly and to be aware of the potential risks associated with gambling. In accordance with the Gambling Regulation Act 2003 (Vic) and applicable guidelines from the relevant Victorian gambling regulator Regulation (VCGLR), we support initiatives aimed at minimising gambling-related harm.
If you or someone you know is experiencing difficulties related to gambling, we encourage you to seek assistance from Gambling Help Online at www.gamblinghelponline.org.au or by calling 1800 858 858 (available 24 hours a day, 7 days a week).
10. Indemnification
You agree to defend, indemnify, and hold harmless Ivorybrookcreative Pty Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site.
11. Termination
We reserve the right, in our sole discretion, to suspend or terminate your access to the Site at any time and for any reason, including but not limited to your breach of these Terms, without notice and without liability to you. Upon termination, your right to use the Site will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Dispute Resolution
12.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law provisions, and, where applicable, the laws of the Commonwealth of Australia.
12.2 Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and any courts competent to hear appeals from those courts, in respect of any dispute or claim arising out of or in connection with these Terms or the use of the Site. Ivorybrookcreative Pty Ltd retains the right to bring proceedings against you in any other jurisdiction where you reside or carry on business.
12.3 Informal Resolution
Before initiating any formal legal proceedings, you agree to first contact Ivorybrookcreative Pty Ltd at our registered address at 89 Liebig Street, Warrnambool VIC 3280, Australia and attempt to resolve any dispute informally. We will endeavour to respond to your concerns within 30 days of receipt of a written complaint. If the dispute cannot be resolved informally within 60 days, either party may then pursue formal dispute resolution as set out below.
12.4 Mediation
If a dispute is not resolved through informal negotiation, the parties agree to attempt to resolve the dispute through mediation administered in Victoria, Australia, in accordance with the mediation rules of the Resolution Institute (Australia), before resorting to litigation. The costs of mediation shall be shared equally between the parties unless otherwise agreed.
12.5 Litigation
If mediation fails to resolve the dispute, either party may pursue its rights and remedies in the courts of Victoria, Australia, as provided in clause 12.2 above.
13. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Ivorybrookcreative Pty Ltd with respect to your use of the Site and supersede all prior and contemporaneous agreements, representations, and understandings between you and us.
15. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Use, please contact us at:
- Legal Entity: Ivorybrookcreative Pty Ltd
- Address: 89 Liebig Street, Warrnambool VIC 3280, Australia
- Website: ivorybrookcreative.com
We will make every reasonable effort to respond to your enquiry in a timely and thorough manner.