Terms & Conditions

PARTIES TO AGREEMENT

“John Batman” whose details are:
Company Name: Frankie119 Pty Ltd
Trading Name: John Batman Group
Trading Location: U12, 64-86 Beresford Road, Lilydale Victoria, 3140, Australia
Telephone: +61 (03) 9879 8588
Email: info@johnbatman.com.au
Website: www.johnbatman.com.au
ACN: 638 125 014
ABN: 88 638 125 014

“The Establishment” whose details are listed on The Agreement, and which summarily includes:
Any company, person, business, or entity which has engaged the services of John Batman to provide a Compendium service and has affirmed its intention to undertake those services either verbally or in writing (which includes electronic notification).
Unless otherwise stated, The Establishment is a venue which offers accommodation.

DEFINITIONS

“The Proprietor” means the owner of the Establishment whether or not the owner is a company, sole trader, partnership, trust or other entity, the details of which may or may not be listed in this document.

“Service Directory” means the summary of information (in part or in whole) which is provided by The Establishment to its guests.

“Compendium” or “Compendiums” means compilation of information which is provided to The Establishment in either printed format, or digital format and which includes information relating to services and instructions provided by The Establishment for the use of others who engage in activities at The Establishment.

“Digital Compendium” or “Digital Compendiums” refers to a Compendium but excludes the provision of any printed material apart from any promotional products which may be provided along with the service of producing a Digital Compendium.

“Consideration” means the fee for service as charged by John Batman to The Establishment.

“The Agreement” is the term referred to as the affirmation of the arrangements between the parties and is summarised in a document named “compendium agreement” and duly dated. The Agreement may be signed either digitally, or through confirmation by email and is regarded as unconditionally ratified once any part of the Consideration payment has been made by The Establishment to John Batman.

TERMS & CONDITIONS

1. John Batman will supply to the Proprietor at The Establishment, Compendiums as described in The Agreement for the Consideration as detailed in The Agreement.
2. The Compendiums will contain information including Service Directory information and may also contain visitor information and advertising, which may at the discretion of John Batman be substituted or added to at any time within the period of this agreement (“Advertising Material”). The provision of visitor information and advertising in The Compendiums is at the discretion of John Batman.
3. The Establishment agrees to display The Compendiums at its premises continuously, provided that the Consideration is paid by to John Batman in accordance with its payment terms that John Batman issues. The Establishment agrees that The Compendiums may be substituted at the discretion of John Batman (including the advertising information therein) at any time during the course of The Agreement. Substituting The Compendiums includes functional and design changes to the Digital Compendium.
   
   In the case that a printed Compendium or other printed material is required under the terms of The Agreement: John Batman will supply a quantity of compendiums sufficient for the Proprietor to display them in each guest room or by each guest bed as well as sufficient advertising material for placement on display in those areas. In the case that the Compendium material requires a cover to house the printed material, then the Proprietor may utilise its own Compendium cover (or such other compendiums as may have previously been provided by John Batman) to house the advertising material.
   
   In the instance that any ambiguity arises in relation to the style of the compendium whatsoever, then it is agreed that John Batman will have discretion as to the style to be provided to the Proprietor at the Establishment and the compendiums provided will be designed and set out, both in terms of appearance and colour, at the complete discretion of John Batman.
   
   Unless otherwise stated in The Agreement, John Batman will supply a Digital Compendium only. John Batman may alter, update, or change The Compendium at any time during the course of The Agreement. The Establishment agrees to display and encourage its clients (and other visitors to The Establishment) to scan and interact with the Compendium without reservation and The Establishment reserves its right to distribute links of the electronic copy to its guests at its discretion.
4. The price paid as Consideration by The Establishment and as detailed in The Agreement shall be referred to as the current price and will be protected against price increase until such time as the first edition of the Compendium has been provided to the Proprietor. John Batman reserves its rights to increase any charges related to the supply of The Compendiums if it has given notice to The Establishment and that the notice period is no less than one calendar month from the notice of the increase. If The Establishment does not accept the increase in pricing, then The Establishment reserves its rights to cease any subscription with one calendar month notice from the expiration of its subscription and at the current rate.
5. The Consideration may be paid through a subscription or as a single payment as indicated on The Agreement and the period of the subscription. Subscription payments may be made through electronic means including credit card, bank transfer as determined by John Batman.
6. Where The Establishment, its successors, transferees or assigns requires replacement printed Compendiums or Compendium covers, during the period of this agreement, then the Establishment agrees to pay a fee equal to the cost per compendium as outlined in The Agreement for each replacement Compendium and the Proprietor agrees to display such replacement compendium(s) in accordance with clause 3 hereof. In the event that The Establishment is receiving a Digital Compendium only, then this clause is disregarded.
7. The Agreement shall be binding upon the parties and the Agreement may be terminated by either party on the following terms:
   1. By providing no less than one month’s notice from the expiration of the subscription and provided that no less than three calendar months has passed since the subscription has commenced.
8. Unless otherwise notified, The Agreement shall be an ongoing arrangement which may be cancelled in accordance with the terms outlined in clause 7 above.
9. The Proprietor, its servants or agents will not accept any similar service from any other person or company during the period of this agreement including the extended period pursuant to clause 8 of this agreement. The Proprietor shall notify John Batman within fourteen (14) days of any proposed sale, transfer, disposal or change in ownership of The Establishment and in the event of the Proprietor selling, transferring or otherwise disposing of ownership of the Establishment the Proprietor covenants to take all necessary steps to assign the rights and obligations of this agreement to the subsequent proprietor. If The Proprietor fails to notify John Batman of any transfer and if The Proprietor has entered into a direct payment arrangement, then it is the express responsibility of The Proprietor to alter the payment arrangements. In the event that The Proprietor fails in this obligation, then John Batman will not be required to provide any refund or other return payment post transfer of The Establishment.
10. If the Proprietor sells, transfers or otherwise disposes of ownership of the Establishment, John Batman shall not be required to provide any new or replacement Compendiums but in all other respects The Agreement shall continue and shall bind the subsequent Proprietor and The Establishment respectively.
11. The Agreement is deemed to be performed at the main trading office of John Batman being U12, 64-86 Beresford Road, Lilydale 3140, Victoria, Australia and shall be governed by and construed in accordance with the laws of the State of Victoria in the Commonwealth of Australia and is irrevocable. The parties hereby submit to the Jurisdiction of that State.
12. If any provision or part of a provision of these Terms and Conditions is found to be invalid or unenforceable then that provision or part of a provision shall be severed, and the remaining provisions shall continue to be binding and have full force and effect on the Establishment.