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DEFINITIONS
In this document, unless the context otherwise requires: 

1.1 “Accommodation” means the Property or part of the Property that The Grove grants the Guest the right to occupy as set out
in the Agreement.
1.2 “Agreement” means any contract or agreement, whether formal or informal, written, oral or partly written and partly oral, formed between the Guest and The Grove, including but not limited to by way of the Guest’s payment of the Price.
1.3 “Booking” means a booking for Accommodation made by the Guest on the Website.
1.4 “Goods” means the provision of goods by The Grove to the Guest in relation to the Accommodation specified in an Agreement, if any.
1.5 “Guest” means the individual, business, partnership or company entering into an Agreement with The Grove and includes the Guest’s successors and assigns.
1.6 “Invitee” means any employee, agent, licensee, contractor, or invitee of the Guest, or any other person claiming through or under the Guest.
1.7 “Notice” means a notice in accordance with clause 15.
1.8 “Party” means each party to an Agreement, including The Grove and the Guest, and “Parties” has a corresponding meaning.
1.9 “Property” means 7 Grove Park Terrace, Quindalup, Western Australia 6281 being Lot 17 on Deposited Plan 29108 and the whole of the land comprised in Certificate of Title Volume 2511 Folio 896.
1.10 “Price” has the meaning stated in clause 5 and is subject to these Terms and Conditions.
1.11 “Price List” means prices specified by The Grove on the Website or as notified by The Grove to the Guest, as amended by The Grove from time to time.
1.12 “Service” means services provided by The Grove to the Guest in relation to the Accommodation specified in an Agreement, if any.
1.13 “Stay” means the period that the Guest is granted the right to occupy the Property or part of the Property specified in the Agreement, beginning at 3pm on the arrival day specified in the Agreement and ending at 10am on the departure day specified in the Agreement.
1.14 “Terms and Conditions” means the terms and conditions set out herein subject to any amendments expressly made by The Grove pursuant to clause 2.4. 
1.15 “The Grove” means Alysia Schulz trading as The Grove Quindalup (ABN 40 194 833 074).
1.16 “Vacated” means when:
1.16.1 The Guest has removed all of the Guest’s goods and belongings from the Accommodation; and
1.16.2 The Guest and any and all Invitees have ceased to occupy the Accommodation; and
1.16.3 The Guest has given up the right or ability to occupy the Accommodation by returning the keys for the Accommodation.
1.17 “Website” means The Grove’s website at www.thegrovequindalup.com.au.
1.18 Unless context requires otherwise:
1.18.1 the singular includes the plural and vice versa;
1.18.2 a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
1.18.3 a reference to any gender includes all genders;
1.18.4 a reference to a recital, clause or schedule is to a recital, clause or schedule of or to these Terms and Conditions;
1.18.5 a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, restated or replaced from time to time;
1.18.6 a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute; 

1.18.7 a reference to a body, other than a Party to the Agreement (including, without limitation, an institute, association or authority), whether statutory or not: (a) which ceases to exist; or (b) whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
1.18.8 If a party comprises two or more persons, the covenants and Agreements on their part bind and shall be observed and performed by them jointly and each of them severally and may be enforced against any one or any two or more of them;
1.18.9 A reference to a party includes its executors, administrators, successors and permitted assigns; 

1.18.10 No provision of these Terms and Conditions will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms and Conditions or that provision;
1.18.11 Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
1.18.12 All references to A$, dollar, $, or to currency are references to Australian dollars;
1.18.13 "Including" and similar expressions are not and must not be treated as words of limitation; and 
1.18.14 Headings are for ease of reference only and do not affect the meaning of these Terms and Conditions.

OPERATION AND APPLICATION
2.1 The Agreement between the Guest and The Grove Quindalup shall be upon these Terms and Conditions and shall be read in conjunction with these Terms and Conditions.
2.2 These Terms and Conditions apply in respect of all Agreements, offers, quotations and other commercial transactions for the supply of Accommodation, Goods, or Services to the Guest.
2.3 These Terms and Conditions shall operate to the exclusion of any terms and conditions to the contrary effect expressed in any of The Grove’s quotations or other communication or documentation and shall supersede all prior terms and conditions.
2.4 From time to time, The Grove may review and amend these Terms and Conditions of the Agreement and the Guest shall be bound by any variation which shall apply to the supply of any Accommodation, Goods, and/or Services following the effective date of the variation.

BOOKINGS
3.1 When making a Booking the Guest must follow the instructions on the Website.
3.2 The Guest acknowledges and agrees that its Booking will not be confirmed until the full Price has been paid in accordance with clause 5 herein.
3.3 The Grove may, in its sole discretion, refuse to accept a Booking for any reason. If The Grove refuses to accept a Booking, The Grove will refund any payment made by the Guest.
3.4 The Grove may, in its sole discretion, vary or cancel any Booking at any time and for any reason. If the Grove cancels a Booking
pursuant to this clause, The Grove will refund any payment made by the Guest.
3.5 The Guest agrees that it will not make any claim against The Grove for The Grove’s exercise of a right under clause 3.4.
3.6 At the time of Booking, the Guest must provide The Grove with pre-authorisation on a credit card for the amount of $1,000.00 (“Bond”).  Pre-authorisation will occur 24 hours prior to arrival.
3.7 The Guest acknowledges that the Bond will be released to the Guest after the Guest has vacated the Property, the Property has been inspected and if, in The Grove’s opinion, the Property is in the same condition as at the commencement of the Stay.
3.8 The Guest acknowledges and agrees that: 
3.8.1 When making a Booking, the Guest will be required to complete a verification of identify process, including requiring the Guest to provide a copy of the Guest’s driver’s licence, passport or other personal identification, to electronically verify the Guest’s identify (“VOI Check”);
3.8.2 By making the Booking, the Guest consents to its identity being electronically verified and to its information (including but not limited to the Guest’s personal identification) being disclosed to Uplisting, a third-party booking platform used by The Grove;
3.8.3 The Agreement is subject to and conditional upon the Guest’s VOI Check being successfully completed and the Guest’s identify being successfully verified, in the sole discretion of The Grove; and
3.8.4 If the Guest’s VOI Check is not successfully completed and/or the Guest’s identify is not successfully verified, in The Grove’s sole discretion, The Grove may cancel the Booking and refund any payment made by the Guest. 
3.9 If the Guest is not an individual, the Guest agrees that:

3.9.1 if the Guest is a company, a director of the Guest will complete the VOI Check described in clause 3.8 above;
3.9.2 if the Guest is a partnership, a partner will complete the VOI Check described in clause 3.8 above.

ACCOMMODATION / DURING YOUR STAY
4.1 The Grove agrees to provide the Guest with the right to occupy the Accommodation for the Stay in accordance with the relevant Agreement and subject to these Terms and Conditions.
4.2 The Guest must take all reasonable steps to ensure the Accommodation is only used or occupied by up to or less than the amount of people specified in the Agreement.  
4.3 The Guest must take all reasonable steps to ensure the Guest, Invitees, and any other person in the Accommodation does not cause unreasonable annoyance to neighbouring properties. If the Guest, Invitees, and/or any other person in the Accommodation causes unreasonable annoyance to any neighbouring property, the Parties agree that The Grove may evict the Guest, that Invitee, and/or that person, and the Guest shall still be liable to pay the full Price to The Grove. Excessive noise exceeding 10pm will not be tolerated and guests may be evicted as a result. 
4.4 The Guest agrees that it shall not be entitled to occupy the Accommodation until after 3.00pm (AWST) on the arrival day specified in the Agreement.
4.5 The Guest acknowledges and agrees that pets/animals are not permitted at the Accommodation. 

Vacating the Accommodation

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VACATING THE PROPERTY 
4.6 The Guest shall ensure the Accommodation is Vacated by 11.00am (AWST) on the departure day specified in the Agreement.

4.7 Departing guests must leave the property clean and tidy. This includes washing, drying and packing away dishes, turning on or 

emptying the dishwasher before departure, emptying rubbish bins, emptying and cleaning the refrigerator and freezer, cleaning out the oven and microwave, cleaning the BBQ, neatly folding back the bedding, returning all towels to bathrooms, turning off lights and heating/cooling systems.  Nappies must be wrapped and placed in the outside bins provided.  Unwashed or dirty items may incur an additional cleaning fee. 

4.8 If the Accommodation is Vacated on the departure day specified in the Agreement but after 11.30am (AWST) on the departure day specified in the Agreement, the Guest may be charged an additional nights accommodation.
4.9 If the Accommodation is not Vacated by the departure day specified in the Agreement, the Guest shall pay the Price specified on the Price List for the Accommodation for each day during the period commencing the day after the departure day specified in the Agreement and ending the day the Accommodation is Vacated, without prejudice to any other right that The Grove has.

PRICE AND PAYMENT
5.1 The Guest shall pay to The Grove the Price specified on the Price List in respect of the Accommodation, Goods, and/or Services, plus all taxes, credit card fees, and additional costs, fees, or charges specified in these Terms and Conditions if any (“Price”).
5.2 Without limiting any of The Grove’s other rights, the Guest shall pay The Grove for any costs or expenses it incurs due to:
5.2.1 any excess cleaning in the Accommodation required after the Stay, as determined by The Grove in its sole
discretion; or 
5.2.2 loss or damage to the Accommodation, the Property, or items, goods, or fixtures in the Accommodation or the Property resulting from any act or omission of the Guest, Invitees, or any other person in the Accommodation, including but not limited to any loss or damage resulting from smoking, missing items, goods or fixtures, or physical damage, and the Guest agrees that The Grove may retain and apply the Bond in reduction of any monies owing under this clause 5.2.
5.3 Unless otherwise agreed in writing by the Parties, the Guest must pay the Price as follows: 

5.3.1 50% of the Price must be paid at the time of the Booking (“Deposit”);
5.3.2 The remaining 50% of the Price must be paid 21 days before the arrival date specified in the Agreement.
5.4 Notwithstanding clause 5.3 above, if the Booking is made within 21 days of the arrival date specified in the Agreement, the Guest must pay the full Price at the time of the Booking.
5.5 If the Guests fails to pay the Price in accordance with clauses 5.3 or 5.4 above, The Grove is entitled to cancel the Booking, terminate the Agreement and retain the Deposit.
5.6 Time of payment is of the essence of the Agreement. 
5.7 Where the Guest has provided details of a debit or credit card for payment to The Grove in the Agreement:
5.7.1 The Guest agrees and authorises The Grove to charge or make deductions from the debit or credit card to satisfy the Price or any part of the Price at any time without notice to the Guest;
5.7.2 The Guest warrants that it shall ensure that its nominated debit or credit card in the Agreement has sufficient clear funds available to pay the Price or any part of the Price when due to The Grove under the Agreement; and
5.7.3 The Grove may charge an additional 1.2% to the Guest for credit card fees.
5.8 The Grove shall be entitled to charge the Guest interest calculated at 12% per annum, on the balance of all overdue accounts and invoices from the due date of payment until the date of actual payment.

5.9 Advertised discounts and vouchers cannot be used in conjunction with any other offer.  

THE GUEST’S OBLIGATIONS
6.1 The Guest warrants that:
6.1.1 the Accommodation will be used for residential/personal accommodation purposes only. The Accommodation shall not be used for any other purpose without The Grove’s prior written consent, including for functions, parties or commercial use;
6.1.2 there will be NO smoking on the Property by the Guest or its Invitees;

6.1.3 there will be NO parties, including but not limited to Leavers, hens and bachelor nights, weddings without prior consent

6.1.4 there will be NO pets/animals at the Accommodation

6.1.5 If an event, such as elopements or weddings, is held on the property without prior consent, the guest will not be refunded the $1,000 bond.  Guest may also be asked to vacate the property, with no refund of any payments made
6.2 The Guest must ensure that the Accommodation is secured at all times, including when the Guest leaves the Accommodation during the Stay.

6.2.1 The guest agrees to take care of furnishings and fittings, report any breakages as soon as possible

6.2.2 The guest agrees not to rearrange furniture or remove any miscellaneous loose items that belong to The Grove.  Items that are recorded missing following the final clean and inspection will be charged back to the Guest at replacement cost.
6.3 The Guest acknowledges that there is a pool at the Property. The Guest warrants and agrees that:
6.3.1 the Guest will at all times exercise absolute care and diligence in using the pool, and ensure that its Invitees and any other persons exercise absolute care and diligence in using the pool;
6.3.2 any person below the age of 18 years old will be supervised in the pool at all times;
6.3.3 without limiting clause 13 herein, the Guest will be liable for any damage, death or injury caused by the use of the pool, and the Guest will indemnify The Grove from any and all costs (including all legal fees and costs) on an indemnity basis that The Grove may incur in relation to damage, death or injury caused by the use of the pool; and
6.3.4 without limiting clause 13 herein, The Grove will not be liable to the Guest, Invitees, or any third party for any damage, death, or injury caused by the use of the pool.  
6.4 The Guest acknowledges that there are two fireplaces at the Property, being an outdoor fire pit and an indoor fireplace (“Fireplaces”). The Guest warrants and agrees that:
6.4.1 the Guest will at all times exercise absolute care and diligence in using the Fireplaces, including using the Fireplaces in accordance with any instructions issued by The Grove (including on its Website) or in accordance with the manufacturer’s specifications;
6.4.2 the Guest will not leave the Fireplaces unattended while in use;
6.4.3 without limiting clause 13 herein, the Guest will be liable for any damage, death or injury caused by the use of the Fireplaces, and the Guest will indemnify The Grove from any and all costs (including all legal fees and costs) on an indemnity basis that The Grove may incur in relation to damage, death or injury caused by the use of the Fireplaces; and
6.4.4 without limiting clause 13 herein, The Grove will not be liable to the Guest, Invitees, or any third party for any damage, death, or injury caused by the use of the Fireplaces.

CANCELLATION
7.1 If the Guest wishes to cancel a Booking for Accommodation, the Guest must give written notice to The Grove. If the Guest cancels the booking:
7.1.1 Over 30 days before the arrival date specified in the Agreement, The Grove agrees to refund any monies paid by the Guest, less any credit card fees and an $80 administration fee; 

7.1.2 Between 14 and 30 days before the arrival date specified in the Agreement, The Grove agrees to refund 50% of the Price to the Guest, less any credit card fees and an $80 administration fee;
7.1.3 Within 14 days of the arrival date specified in the Agreement, the Guest shall be liable to pay to The Grove the Price for the Accommodation in full.
7.2 If the Guest cancels a booking not in strict compliance with this clause 7 then the Guest shall be liable to pay to The Grove the Price for the Accommodation in full as set out in the Agreement.

7.3 Cancellation policy in clause 7 also applies to cancellations as a result of COVID19.  The Grove highly recommend Guests to take out appropriate travel insurance. 

 

REFUNDS
The Grove will not offer a refund in the event the Guest decides to not show, change their mind or vacate the property prior to the agreed departure date. 

COSTS RECOVERABLE
8.1 Should the Guest default in the payment of any monies due under any Agreement, then all monies due to The Grove shall immediately become due and payable and shall be paid by the Guest within 7 days of the date of demand.
8.2 The Guest shall pay on an indemnity basis all expenses, costs and disbursements, including debt collection agency fees, commission and any fees paid to The Grove’s solicitors (on an indemnity basis) incurred by The Grove or its appointed agents in recovering payment of any outstanding monies, enforcing
its rights under the Agreement, or in investigating or defending any action or threatened actions.

FORCE MAJEURE
9.1 The Grove will not be liable for any breach of the Agreement due to any matter or thing beyond The Grove’s control. Furthermore, The Grove is excused from performing any term, covenant or condition required by the Agreement during the time and to the extent that performance is prevented when
such performance is prevented wholly or in part by circumstances beyond The Grove’s control.

DEFECTS 

10.1 If the Guest believes that the Accommodation, Goods, or Services are not in accordance with the Agreement the Guest must give notice of the defect to The Grove within 24 hours of The Grove providing that Accommodation, Good, or Service.
10.2 The Grove shall not be responsible or liable for any alleged defect in the Accommodation, Goods, or Services unless it is
reported in accordance with clause 10.1.

NO WARRANTY
11.1 The Grove makes no express warranties to the Guest, except those expressly set out in the Agreement and these Terms and Conditions.
11.2 The Grove will not be liable in any circumstances for any loss or damage whatsoever allegedly incurred and arising out of any:
11.2.1 Conditions, warranties and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void;
11.2.2 Alleged liability to the Guest in contract for consequential or indirect damages arising out of or in connection with the provision of the Accommodation, Goods, or Services or the Agreement, even if The Grove knew they were possible or they were otherwise unforeseeable, including, without limitation, lost profits and damages suffered as a result of claims by a third party; and
11.2.3 Claims by the Guest in negligence for acts or omissions of The Grove or its employees, agents, or contractors arising out of or in connection with the Agreement.
11.3 Whilst The Grove will use its best endeavours to provide the Accommodation, Goods, or Services by the time and date requested by the Guest, it does not guarantee provision at that time and date and will not be liable for any damages, loss, costs or charges incurred by the Guest due to late delivery
ensuing from any circumstances whatsoever, either within or beyond the control of The Grove.
11.4 The Parties acknowledge and agree that: 
11.4.1 any prior representations, agreements and arrangements, including representations as to the suitability of the Accommodation, Property, Goods or
Services;
11.4.2 any descriptions, illustrations and material contained in any advertisement, website, catalogue, or brochure; and 
11.4.3 all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or
fitness of the Accommodation, Property, Goods, or Services for any purpose, except any implied condition or warranty the exclusion of which would
contravene any statute or cause this clause to be void, are expressly excluded from, and do not form part of, the Agreement unless specifically stated in the Agreement to the contrary.
11.5 If any of the sub-clauses in this clause 11 or clause 13.1 herein are held by a court to be unlawful, invalid or unenforceable for any reason, the Guest agrees that The Grove’s total liability to the Guest for any loss or damage suffered by the Guest in relation to the Agreement shall not exceed the Price.
11.6 The Guest acknowledges and agrees that The Grove is not liable for any loss, damage, or defects attributable to or resulting from:
11.6.1 the provision of services by a third party, including a third party engaged by The Grove; and
11.6.2 the manufacture of any goods that are manufactured by third parties.

THE GUEST’S WARRANTIES
12.1 The Guest warrants that it has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by The Grove or any one on its behalf in respect of the Accommodation, Goods or Services, other than those that are expressly contained in the Agreement.
12.2 The Guest accepts sole responsibility for any and all risks associated with the Accommodation, Property, Goods, and/or Services, including relating to:
12.2.1 the pool and the Fireplaces on the Property; and
12.2.2 any monies or other valuables, goods, or vehicles brought into the Accommodation or on to the Property by or belonging to the Guest, Invitee, or any other person in the Accommodation.

LIABILITY AND INDEMNITY
13.1 The Grove shall not be liable to the Guest or any other party in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits, and the Guest agrees that The Grove may plead these Terms and Conditions as a bar to any such claims whether they arise at law, in equity, under any statute, regulation, or other legislative instrument, or under any contract, deed, or any other instrument made or approved under any law.
13.2 The Guest hereby releases and indemnifies and agrees to keep The Grove indemnified from any and all costs (including all legal fees and costs) and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions (on an indemnity basis), damages, liabilities, penalties, fines, expenses or losses including indirect, incidental, consequential, punitive or exemplary loss or damage (including but not limited to loss of profit), whether resulting from breach of contract, tort, warranty, strict liability, statute or any other legal theory or otherwise that The Grove may incur in relation to the Guest, an Invitee or any third party, including where the cost, damage, liability, penalty, fine, expense or loss is caused by or contributed to by The Grove in any way or for any reason whatsoever.

BREACH AND TERMINATION
14.1 If the Guest defaults in the due and punctual observance of all or any of its obligations, warranties or covenants under the
Agreement or these Terms and Conditions, dies, commits an act of bankruptcy, takes or shall have taken against it any
action for its winding up, is placed under official management, administration or receivership, then The Grove may without
prejudice to any other right or remedies it has:
14.1.1 treat as discharged all or any obligation arising from any Agreement;
14.1.2 retain any security given or monies paid by the Guest, including the Bond and the Deposit, and apply this in reduction of any sum of money owed or owing by the Guest to The Grove; and
14.1.3 take such steps as The Grove may deem necessary in its sole discretion to mitigate its damages suffered including the putting to use, sale or disposal of Accommodation, Goods, or Services under the Agreement.
14.2 In addition to any other rights under the Agreement, The Grove may terminate the Agreement immediately upon any one of the following events:
14.2.1 Substantial interference with providing the Accommodation, Goods, or Services by any cause wholly or partly beyond the control of The Grove;
14.2.2 Any substantial breach of the Agreement or these Terms and Conditions by the Guest;
14.2.3 If the Guest shall make any assignment for the benefit of or enter into any arrangement or composition with its creditors or go into liquidation (whether voluntary or compulsory except for the purpose of reconstruction or amalgamation) or have a receiver appointed or commit an act of bankruptcy or if a sequestration order is made against the Guest’s estate;
14.2.4 Any failure by the Guest to pay any part of the Price in accordance with clause 5 herein.
14.3 If the Agreement is terminated: 
14.3.1 The Accommodation must immediately be Vacated by the Guest;
14.3.2 The Guest shall pay The Grove for all Accommodation, Goods and/or Services provided by The Grove up to and including the date of termination; and
14.3.3 The Grove may retain any security given or monies paid by the Guest, including the Bond and the Deposit, and apply this in reduction of any sum of
money owed or owing by the Guest to The Grove pursuant to the Agreement or these Terms and Conditions.

NOTICES
15.1 A party must give any notice required under these Terms and Conditions or the Agreement in accordance with this clause
15.2 A notice must be served personally on a party or at the address or electronic mail address of the party set out in the Agreement.
15.3 A party may deliver a notice by hand, post, or by electronic mail.
15.4 If before 4.00pm local time in the place of delivery, a party delivers a notice by hand or by electronic mail and the sending party completes the transmission the notice will be taken to be given on the day of delivery or transmission, and in any other case on the next day. If the party gives notice by post the notice will be taken as given on the 7th day in the place of delivery after the notice is posted.
15.5 A party may give notice of another address (within Australia) or an electronic mail address for service to the other party, and the new address or the electronic mail address shall be the address for service of the party for the purposes of this clause.

PRIVACY
16.1 Information collected from the Guest is required either to meet legislative requirements including in relation to maintenance of a guest register, for fire safety reasons, for billing purposes and for marketing The Grove’s services. If the Guest does not provide personal information upon request, The Grove may be unable to provide the Guest with Accommodation, Goods, and/or Services.

MISCELLANEOUS
17.1 The Grove may assign, sub-contract or sub-let the whole or any part of the provision of Accommodation, Goods, or Services or The Grove’s obligations under an Agreement, without seeking the consent of the Guest.
17.2 The Guest may not assign, sub-contract or sub-let any of its rights, liabilities, or obligations under any Agreement, without the prior written consent of The Grove.
17.3 The covenants, agreements and obligations contained in any Agreement and these Terms and Conditions will not merge or terminate upon the repudiation or termination of the Agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.
17.4 Any waiver by The Grove must be in writing and signed by The Grove. Failure by The Grove to enforce any right or remedy is not a waiver of any right or remedy, or a waiver in respect of a continuing breach.
17.5 If any provision contained in these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions in these Terms and Conditions are not affected.
17.6 These Terms and Conditions and the Agreement are governed and are to be construed in accordance with the laws in force in the State of Western Australia.
17.7 These Terms and Conditions and the Agreement are subject to the exclusive jurisdiction of the Courts of Western Australia.

CAMERAS
18.1 The Guest acknowledges that:
18.1.1 There are CCTV security cameras located on the Property (“Cameras”) which were installed, and are
used and maintained, by The Grove; 
18.1.2 The Cameras are used for limited purposes, including for security and guest safety and to monitor bushfire activity, storm damage and the supply of services to the Property, including water and electricity (“Limited Purposes”);
18.1.3 The Limited Purposes are reasonable and legitimate purposes for the installation, use and maintenance of the Cameras;
18.1.4 The Cameras are not installed for the purposes of recording, observing, monitoring or listening to any private activity or private conversation, as those phrases are defined in the Surveillance Devices Act 1998 (WA);
18.1.5 Although the Cameras are installed for the Limited Purposes only, the Cameras may capture the Guest’s
and/or Invitees’ image from time to time; and
18.1.6 The Guest has read The Grove’s privacy policy on the Website.
18.2 The Guest hereby consents to the installation, use and maintenance of the Cameras by The Grove during the Stay.
18.3 Without limiting clause 13 herein, the Guest agrees that The Grove shall not be liable to the Guest, an Invitee, or any other party for any claim relating to the installation, use and maintenance of the Cameras by The Grove during the Stay, whether those claims arise at law, in equity, under any statute, regulation, or other legislative instrument, or under any contract, deed, or any other instrument made or approved under any law.
18.4 Without limiting clause 13 herein, the Guest hereby releases and indemnifies and agrees to keep The Grove indemnified from any and all costs (including all legal fees and costs) and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions (on an indemnity basis), damages, liabilities, penalties, fines, expenses or losses including indirect, incidental, consequential, punitive or exemplary loss or damage (including but not limited to loss of profit) relating to, arising from or in connection with the installation, use and maintenance of the Cameras by The Grove during the Stay.

RECEIPT AND ADVICE
19.1 The Guest hereby acknowledges receipt of these Terms and Conditions and agrees to be bound by them. The Guest accepts these Terms and Conditions in acknowledgement that they are legally binding and presently enforceable. The Guest further acknowledges that it has had the opportunity to
obtain independent legal advice and that the Guest understands the Terms and Conditions outlined above