Terms of Use

1. Purpose of the Website

The Website provides information about Elmariscourt, a hotel-casino property located in Ballina, New South Wales, Australia. Its purpose includes:

• describing accommodation, facilities and on-site services available at the property;
• enabling visitors to submit accommodation reservation requests and general enquiries;
• publishing promotional offers, event information and property news;
• providing responsible gaming resources and contact details; and
• offering practical visitor information including location, directions and policies.

The Website is intended for personal, non-commercial informational use only. It does not constitute an offer to provide gaming services online, and no real-money wagering or gaming activity takes place through the Website itself.

2. Permitted Use

2.1 Lawful Use

You may use the Website only for lawful purposes and in a manner consistent with all applicable Commonwealth, State and local laws and regulations. You must not use the Website in any way that is fraudulent, misleading, harmful or otherwise unlawful.

2.2 Prohibited Conduct

Without limiting any other provision of these Terms of Use, you must not:

• attempt to gain unauthorised access to any part of the Website, its servers, databases or any system connected to the Website;
• use automated tools (including crawlers, scrapers, bots or spiders) to extract data from the Website without our prior written consent;
• introduce viruses, malware, ransomware, Trojan horses, worms or any other malicious or harmful code into the Website or its supporting infrastructure;
• reproduce, distribute, adapt, translate, create derivative works from or commercially exploit any content on the Website without our prior written authorisation;
• impersonate Elmariscourt, any of its staff or any other person or entity;
• transmit unsolicited commercial communications (spam) to or through the Website;
• use the Website in a manner that could damage, overburden, impair or compromise our systems or security; or
• use the Website in any way that infringes the intellectual property, privacy or other rights of any third party.

2.3 Age Eligibility

The Website is intended for users who are at least 18 years of age. By accessing the Website, you represent that you meet this minimum age requirement. Where specific content or services relate to our on-site casino facilities, additional age verification requirements apply as described in Section 7 below.

3. Intellectual Property

3.1 Ownership

All content published on the Website — including but not limited to text, graphics, photographs, illustrations, logos, trade marks, service marks, icons, audio clips, video clips, data compilations and software — is owned by or licensed to and is protected by Australian and international copyright, trade mark and other intellectual property laws.

The trade mark Elmariscourt and all related marks, logos and trade dress are the property of . Nothing in these Terms of Use grants you any right, title or licence to use any trade mark displayed on the Website.

3.2 Limited Personal Licence

Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the content on the Website for your personal, non-commercial use only. This licence does not permit you to:

• download or cache content (other than through normal browser caching) without our written consent;
• modify or alter any content;
• use content for commercial purposes without our prior written authorisation; or
• remove or alter any copyright, trade mark or proprietary notices.

Any use of Website content outside the scope of this licence requires our prior written permission. To request permission, please contact us at privacy@elmariscourt.com.

3.3 User-Submitted Content

If you submit any content to us through the Website (for example, through an enquiry form or feedback mechanism), you grant a non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, adapt, publish and display that content for any lawful purpose connected with the operation of the Website and the property. You represent that you own or have the necessary rights in any content you submit and that it does not infringe the rights of any third party.

4. Reservation Requests

4.1 Nature of Requests

Any accommodation reservation submitted through the Website constitutes a request only and does not create a binding contract until you receive written confirmation from Elmariscourt acknowledging acceptance of the reservation. We reserve the right to decline any reservation request at our absolute discretion.

4.2 Accuracy of Information

You are responsible for ensuring that all information provided in a reservation request — including guest names, contact details, arrival and departure dates, and room preferences — is accurate and complete. Elmariscourt accepts no liability for errors or omissions in a reservation arising from inaccurate information provided by you.

4.3 Confirmation and Contract

A reservation contract is formed when Elmariscourt issues a written confirmation to the email address provided in your request. The confirmation will set out the key terms of your stay, including room type, stay dates, rate, any applicable deposit requirement, and the cancellation policy applicable to that booking. Please review your confirmation carefully and contact us promptly if you identify any discrepancy.

4.4 Special Requests

Special requests noted at the time of booking (such as room location, bed configuration or accessibility requirements) will be communicated to the relevant team but cannot be guaranteed. Fulfilment of special requests is subject to availability at the time of your arrival.

5. Rates and Booking Terms

5.1 Rates

Rates displayed on the Website are quoted in Australian dollars (AUD) and are inclusive of the Goods and Services Tax (GST) where applicable, unless otherwise stated. Rates are subject to availability and may vary based on room type, dates, length of stay and promotional conditions.

We make reasonable efforts to ensure that rates displayed on the Website are accurate. However, in the event of a genuine pricing error, we reserve the right to correct that error and offer you the corrected rate prior to your stay, or to cancel the affected reservation with a full refund of any amounts paid.

5.2 Payment

Payment requirements, including any deposit amounts, accepted payment methods and timing, will be set out in your booking confirmation. Full prepayment may be required for certain rate types or promotional packages. Payments processed through the Website or confirmed by our reservations team are subject to applicable financial institution and card-scheme terms.

5.3 Cancellation and Amendment

The cancellation and amendment policy applicable to your booking will be specified in your confirmation. The following general principles apply unless your confirmation states otherwise:

Non-refundable rate types are not eligible for refund upon cancellation regardless of notice given, except where required by applicable consumer law. All amendment and cancellation requests must be submitted in writing to the contact details provided in your confirmation.

5.4 Consumer Guarantees

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation that cannot be lawfully excluded.

6. Privacy and Personal Information

collects, holds, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy, available on the Website, explains how we handle your personal information, including your rights to access and correct that information and how to make a privacy complaint.

By submitting a reservation request or enquiry through the Website, you consent to the collection and use of your personal information as described in our Privacy Policy. For privacy-related enquiries, please contact us at privacy@elmariscourt.com.

7. Age Restrictions — Casino Facilities

Entry to and participation in gaming activities at the Elmariscourt casino facilities is restricted to persons who are 18 years of age or older. This requirement is a condition of entry to designated gaming areas and is strictly enforced at the property in accordance with applicable New South Wales gaming legislation.

Any person who appears to be under the age of 18 may be required to produce acceptable photographic identification before being permitted entry to casino areas. Acceptable identification includes a current Australian passport, Australian driver licence or proof-of-age card issued under applicable New South Wales or Commonwealth legislation.

Persons under 18 years of age are not permitted to enter, remain in or be supervised in gaming areas of the property under any circumstances.

8. Responsible Gaming

8.1 Our Commitment

Elmariscourt is committed to promoting responsible gaming and to providing a safe environment for all guests who choose to participate in gaming activities on the premises. We recognise that gaming can cause harm for some individuals and we support efforts to minimise that harm.

8.2 On-Property Measures

At the property level, Elmariscourt operates a range of responsible gaming measures including:

• trained staff capable of identifying and responding to signs of gambling-related distress;
• access to pre-commitment and limit-setting tools at gaming machines where required by law;
• availability of responsible gambling information brochures in gaming areas;
• a self-exclusion programme through which guests may request exclusion from gaming areas; and
• referral pathways to support services for guests who request assistance.

8.3 External Resources

A range of free and confidential support services are available to anyone in Australia who is experiencing difficulties related to gambling. We encourage guests to contact the following publicly available resources:

• Gambling Help Online — a free national service providing online chat, email counselling and a helpline available 24 hours a day, 7 days a week. Visit gamblinghelponline.org.au or call 1800 858 858.
• NSW Gambling Help — the New South Wales Government provides information, self-assessment tools and referral services through its responsible gambling platform.
• NSW Independent Casino Commission (NICC) — the NICC is the independent regulatory authority responsible for overseeing casino operations in New South Wales. The NICC publishes publicly available guidance on responsible gaming standards, self-exclusion programmes and the process for lodging a complaint about a licensed casino. Visit the NICC website for further information on these resources.

8.4 Self-Exclusion

Any person wishing to exclude themselves from casino gaming areas at Elmariscourt may contact our responsible gaming team at the property. Self-exclusion requests can also be made through statewide schemes administered under New South Wales gaming legislation. Details of available self-exclusion pathways are displayed in gaming areas of the property and are available from our staff on request.

9. External Links

The Website may contain hyperlinks to third-party websites that are not owned or controlled by . These links are provided for your convenience only. We have no control over the content, privacy practices or availability of third-party websites and we do not endorse or make any representations about them.

Accessing any third-party website linked from our Website is entirely at your own risk. We encourage you to review the terms of use and privacy policy of any third-party website you visit. Elmariscourt accepts no responsibility or liability for any loss or damage arising from your use of a third-party website.

You may link to the home page of our Website provided you do so in a way that is fair, lawful and does not damage or take advantage of our reputation. You must not create a link that suggests any form of association, approval or endorsement by Elmariscourt where none exists. Deep linking to internal pages or framing any content from our Website on another website requires our prior written consent.

10. Website Availability

We aim to keep the Website accessible at all times; however, we do not warrant that the Website will be uninterrupted, error-free or free from viruses or other harmful components. The Website may be temporarily unavailable due to:

• scheduled maintenance or upgrades;
• emergency maintenance or security interventions;
• circumstances beyond our reasonable control, including but not limited to telecommunications failures, power outages and natural events; or
• any other technical or operational reason.

We reserve the right to modify, suspend or discontinue any part of the Website at any time without notice. Elmariscourt accepts no liability for any loss, cost or inconvenience arising from the temporary or permanent unavailability of the Website or any part of it.

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Website and all content published on it are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, makes no representations or warranties of any kind, express or implied, regarding:

• the accuracy, completeness, reliability, suitability or timeliness of any content on the Website;
• the results that may be obtained from using the Website; or
• the Website being free from errors, viruses or other harmful code.

11.2 Exclusion of Liability

To the maximum extent permitted by applicable law, and its officers, directors, employees and agents shall not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage of any nature arising out of or in connection with:

• your access to or use of (or inability to access or use) the Website;
• any reliance you place on information published on the Website;
• any unauthorised access to or alteration of your data or transmissions;
• any content or conduct of any third party accessible through the Website; or
• any other matter relating to the Website.

11.3 Consumer Guarantee Preservation

Nothing in this Section 11 excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded. Where our liability cannot be excluded but can be limited, our liability is limited to, at our election: resupply of the relevant service; or payment of the cost of having the relevant service resupplied.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia, without regard to conflict-of-law principles.

You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia sitting in New South Wales for the resolution of any dispute arising out of or in connection with these Terms of Use or your use of the Website.

13. Dispute Resolution

13.1 Good-Faith Resolution

If you have a concern or complaint arising from your use of the Website or from services provided at the property, we encourage you to contact us in the first instance so that we can attempt to resolve the matter promptly and in good faith. Most concerns can be resolved quickly through direct communication.

13.2 Formal Complaints Process

To submit a formal complaint, please write to us at the address or email set out in Section 14 below, providing:

• your full name and contact details;
• a clear description of the nature of your complaint;
• the date(s) on which the relevant events occurred; and
• copies of any supporting documentation relevant to your complaint.

We will acknowledge receipt of your complaint within five (5) business days and endeavour to provide a substantive response within twenty (20) business days of receipt. Where a complaint is complex or requires further investigation, we will keep you informed of progress.

13.3 External Complaint Avenues

If you are not satisfied with our response to your complaint, you may have the right to refer your complaint to an appropriate external body, which may include:

• the NSW Independent Casino Commission (NICC), which publishes publicly available information about its complaint-handling functions and processes on its official website;
• the Office of the Australian Information Commissioner (OAIC) for complaints relating to the handling of your personal information; or
• the NSW Fair Trading or the relevant consumer protection authority for complaints relating to consumer rights.

Nothing in these Terms of Use limits your right to refer a matter to an appropriate external body or to seek any remedy available to you under applicable law.

14. General Provisions

14.1 Entire Agreement

These Terms of Use, together with our Privacy Policy and any booking confirmation issued to you, constitute the entire agreement between you and with respect to your use of the Website and supersede all prior and contemporaneous agreements, representations and understandings relating to that subject matter.

14.2 Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect.

14.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of .

14.4 Assignment

You may not assign or transfer any rights or obligations under these Terms of Use without our prior written consent. We may assign or transfer our rights and obligations under these Terms of Use to a related body corporate or to any successor entity in connection with a merger, acquisition or sale of substantially all of our assets, without requiring your consent.

14.5 Relationship of Parties

Nothing in these Terms of Use creates or implies any partnership, joint venture, agency, franchise or employment relationship between you and .

15. Contact Details

For any questions, concerns or correspondence regarding these Terms of Use, please contact us using the details below:

We will endeavour to respond to all written enquiries within five (5) business days of receipt.