This website is owned and operated by Gatehouse Hospitality Pty Ltd  ABN 63 641 890 299 (Gatehouse). These terms and conditions, in conjunction with our Guest Booking Terms and Conditions (which can be found at https://bookings.the-yu-aoyama.com/en/terms and our Privacy Policy (which can be found at https://gatehousehospitality.com/privacy-policy/ (Terms), apply to your use of our website, whether as a guest or a registered user.

By accessing and/or using our website, you agree to these Terms. Please review these Terms carefully. If you do not agree with them, you must immediately cease accessing or using our website.

In these Terms the expressions we, us and our are a reference to Gatehouse and a reference to you and your is a reference to any person or entity that accesses or uses any part of our website.

Information on our website

• • Information provided on our website is intended to be of a general nature only and is not a substitute for specific advice.
  • Whilst we aim to ensure the accuracy of the information published on our website, including the information about our products and services, we do not warrant the accuracy, adequacy or completeness of any information published on or contained within our website, nor do we undertake to keep our website updated.
  • Gatehouse does not warrant that any part of the information contained within or published on our website is appropriate for your specific circumstances. You must not act in reliance on any information, statement or other content published on or contained in our website.
  • Gatehouse disclaims all liability and responsibility arising from any reliance on the information contained in or published on our website, or upon the accuracy, currency, adequacy or completeness of any such information.

Disclaimer and liability

• • To the maximum extent permitted by law, including the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), in no event shall we be liable for any direct or indirect loss, damage or expense, or injury, illness or death – irrespective of the manner in which it occurs – which may be suffered as a result of:
    • your use of our website and/or the information or materials contained on it;
    • the inaccessibility of our website; or
    • the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
  • The disclaimer set out in clause 1 above does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Intellectual Property

• • Our website and the text, graphics, user interfaces, photographs, images, logos, icons, sounds, music, sound recording, computer code, and software of our website and the design, structure, selection, coordination, colour combinations, layout, expression, look and feel, and arrangement of our website (Content), are subject to copyright, trade mark and other intellectual property rights that are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth), and except as expressly authorised by these Terms, you must not in any form or by any means:
    • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of any Content on our website; or
    • commercialise any information, products or services obtained from any part of any Content on our website, without our prior written permission or, in the case of third party material, from the owner of the intellectual property in that Content.
  • Except where otherwise specified, any word or device used on this website as a trade mark is a registered or proprietary trade mark.
  • If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
    • in or as the whole or part of your own trade marks;
    • in connection with activities, products or services which are not ours;
    • in a manner which may be confusing, misleading or deceptive;
    • in a manner that disparages us or our information, products or services (including this website); or
    • without our prior written permission.
  • Your use of our website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our website or the Content. However we do grant you a licence to access our website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Access and Use of our website

• • You must only use our website in accordance with these Terms and any applicable law.
  • You must not do any act that we deem in good faith to be inappropriate, or which is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
    • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
    • using our website to defame, harass, threaten or libel us, our employees or other individuals;
    • using any device, software or method to interfere (or attempt to interfere) with the proper functioning of our website or any transaction being conducted on our website, or with any other person’s access to or use of our website;
    • tampering with or modifying our website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our website, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our website; or
    • posting or transmitting to our website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, discriminatory, obscene, threatening or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security;
    • facilitating or assisting a third party to do any of the above acts.
  • If we allow you to post any information to our website, we have the right to take down that information at our sole discretion and without notice.
  • You must take your own precautions to ensure that the process which you use for accessing our website does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. We do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of our website or any linked website(s).
  • To access some features of our website, such as making bookings, you must register an account with us. To register for an account, you must provide us with accurate and current personal information including your name and a valid email address. You must not create an account if you are under 18 years old.
  • To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not responsible for any unauthorised activity on your account, including if you fail to keep your account login information and password secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
  • You must not use another person’s account without our and the other person’s express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, please contact us at reservations@gatehousehospitality.com and take immediate steps to re-secure your account (including by changing your password).
  • Responsibility for the content of advertisements (if any) appearing on our website (including hyperlinks to advertisers’ or suppliers’ own websites) lies solely with the advertisers or suppliers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ goods or services and each advertiser is solely responsible for any representations made in, and in connection with, its advertisement.

Linked Websites

• • Our website may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We do not control and are not responsible for the content on, or privacy practices associated with, Linked Websites.
  • Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless expressly stated otherwise.
  • We recommend that you make your own investigations to ensure those Linked Websites are suitable for you.

Privacy

• • We understand that you value your privacy and wish to have your personal information kept secure. You can view the full text of our Privacy Policy and Collection Notice, which sets out how we collect and deal with your personal information here https://gatehousehospitality.com/privacy-policy/ or upon request from us.
  • If you would like any further information about our privacy policies or practices, please contact us at hello@gatehousehospitality.com.

Security of information

• • No data transmission over the internet can be guaranteed as totally secure. Other than an expressly set out in these Terms, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk.

Cookies

• • We may use cookies on some areas of our website. A cookie is a small file saved on your computer’s hard drive. When you return to our website, the data saved in the cookie is sent back to our website. We use cookies to gauge visitor traffic, trends and to help us serve you more efficiently if you revisit our websites.
  • The cookies we use in no way give us access to your computer or any information about you, other than the information you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.

Amendment of Terms

• • We reserve the right to amend these Terms from time to time. Amendments will be notified on our website. Your continued use of our website following such notification will represent an agreement by you to be bound by the amended Terms.

General

• • These Terms are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of and in that jurisdiction and courts of appeal from such courts.
  • Access to our website may be terminated at any time by us without notice. Clauses 1, 2, 3 and this clause 10 of these Terms and other terms which are capable of survival will nevertheless survive any such termination.
  • We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
  • Any failure by a party to exercise any right under these Terms or any delay by a party in exercising a right under these Terms does not operate as a waiver. The single or partial exercise of any right under these Terms by that party does not preclude any other or further exercise of that or any other right by that party. A waiver of one breach of a term of these Terms does not operate as a waiver of another breach of the same term or any other term of these Terms.
  • If any provision of these Terms is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from these Terms.
  • These Terms set out the entire agreement and understanding between you and us with respect to the subject matter of these Terms and supersedes all prior agreements, understandings and representations.