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Home / Terms of Service

Terms of Service

Effective from: 11 August 2026. These Terms of Service form a legally binding agreement between CloudBookModMod Pty Ltd and the Customer that orders a module, an extension, an integration or a professional service through the shop at cloudbookmod.org. By placing an order, activating a module or otherwise using the Client Area you accept and agree to be bound by these terms.

1. Definitions

  • CloudBookMod, we, us or our means CloudBookModMod Pty Ltd, ABN 82 743 951 268, ACN 743 951 268, a proprietary company limited by shares incorporated in Australia, with its registered office at 156 Collins Street, Level 12, Melbourne VIC 3000, Australia.
  • Customer, you or your means the legal entity, business or sole trader that places an Order and is identified in the Order confirmation as the account holder. Where the Customer is a consumer for the purposes of the Australian Consumer Law, the additional rights granted by that law apply and prevail to the extent of any inconsistency.
  • Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.
  • Module means any of the modules, extensions, connectors or integrations listed for sale in the CloudBookMod shop and designed to interoperate with a NewBook Cloud account belonging to the Customer.
  • NewBook Cloud means the property management platform of that name operated by NewBook Pty Ltd, an independent third party.
  • Client Area means the authenticated part of cloudbookmod.org through which the Customer manages orders, invoices, modules and API credentials.
  • Order means a purchase placed through the shop, whether for a monthly subscription or a one-off product or service.
  • Subscription means a recurring monthly right to use a Module for the duration of successive billing periods.
  • Fees means the amounts payable by the Customer for the Modules and services, expressed in Australian dollars and inclusive of applicable goods and services tax unless stated otherwise.
  • Effective Date means the date on which CloudBookMod accepts an Order by sending the Customer an Order confirmation.

2. The parties

CloudBookMod is the provider of the shop and of the Modules distributed through it. The Customer is the acquirer of the Modules and is responsible for their configuration and use within its own NewBook Cloud account. Each party warrants that it has the corporate power and authority to enter into this agreement and that the individual accepting it on its behalf is duly authorised to do so.

3. Scope of the service

CloudBookMod operates an independent third-party shop of modules, extensions and integrations designed to work with the NewBook Cloud property management platform. Each Module extends or connects features of a Customer's NewBook Cloud account through the application programming interface published by NewBook Pty Ltd. Modules are supplied "off-the-shelf" and are not customised to the Customer's particular circumstances unless a written statement of work signed by both parties expressly states otherwise.

4. No affiliation with NewBook Pty Ltd

CloudBookMod is not affiliated with, sponsored by, endorsed by or otherwise associated with NewBook Pty Ltd or its parent company. All trade marks and logos referring to NewBook Cloud belong to their respective owners and are used solely for identification of technical compatibility. Nothing in these terms creates any agency, partnership, joint venture or franchise relationship between CloudBookMod and NewBook Pty Ltd, and nothing you order from CloudBookMod alters or replaces your existing licence agreement with NewBook Pty Ltd.

5. Account creation and access

To place an Order and to activate a Module, the Customer must create an account in the Client Area. Account access is protected by a passwordless magic-link workflow: at each new session, a single-use token is delivered by email to the address on file. The Customer is responsible for maintaining the confidentiality of that email inbox and for all activity carried out under its account. If the Customer believes its account has been accessed without authorisation, it must notify us at support@cloudbookmod.org without undue delay.

6. Subscriptions and one-off products

Modules are offered either as monthly Subscriptions or as one-off purchases. A Subscription renews automatically at the end of each calendar month for a further period of one month unless cancelled in accordance with clause 11. A one-off product, such as a data migration package, is delivered against a fixed fee and does not renew. Prices displayed in the shop apply to Orders placed at the time of display and may be changed for future Orders. Any change to a Subscription fee will be notified to the Customer at least thirty (30) days in advance and will take effect on the following renewal date.

7. Billing and payment

All Fees are expressed in Australian dollars and are inclusive of goods and services tax at the rate applicable in Australia. For example, a module listed at A$29 per month is invoiced at A$29 per month inclusive of GST. Invoices are issued electronically to the Customer's billing email address and are due for payment on the date shown on the invoice. Accepted payment methods are card payments processed by our payment provider and, for annual pre-payments only, electronic funds transfer to CloudBookMod's bank account with Commonwealth Bank of Australia, BSB 062-345, account 789012345.

8. Late payment

If any invoiced amount is not paid on its due date, CloudBookMod may, without prejudice to any other right or remedy, (a) charge interest on the overdue amount at the rate published from time to time under section 2 of the Penalty Interest Rates Act 1983 (Vic) accruing daily from the due date until payment in full; and (b) suspend or restrict access to the affected Modules on seven (7) days' written notice. CloudBookMod will not exercise these rights in respect of amounts that are the subject of a good-faith dispute notified to us in writing before the due date.

9. Term and cancellation

Subscriptions are month-to-month with no minimum lock-in term. The Customer may cancel any Subscription at any time from within the Client Area or by writing to support@cloudbookmod.org. Cancellation takes effect at the end of the then-current monthly billing period, at which point automatic renewal ceases and no further Fees are charged. The Customer retains access to the Module until the end of the paid billing period. CloudBookMod may terminate this agreement immediately for cause if the Customer commits a material breach that is not remedied within fourteen (14) days after written notice, if the Customer becomes insolvent within the meaning of the Corporations Act 2001 (Cth), or if the Customer is convicted of an offence involving dishonesty in connection with the use of the Modules.

10. Customer obligations regarding NewBook Cloud API keys

To activate most Modules, the Customer must provide a valid NewBook Cloud application programming interface key issued by NewBook Pty Ltd against the Customer's own licensed account. The Customer warrants that (a) it holds a current and valid licence with NewBook Pty Ltd; (b) it is authorised under that licence to issue and use API keys to integrate third-party software; and (c) it will scope each API key to the minimum permissions required by the Module. The Customer must revoke the API key associated with a Module upon cancellation of the corresponding Subscription. CloudBookMod is not responsible for consequences arising from an invalid, revoked or over-privileged API key supplied by the Customer.

11. Cancellation procedure

The Customer may cancel any Subscription at any time by clicking "Cancel subscription" in the Client Area, or by writing to support@cloudbookmod.org from the email address on file. We will acknowledge the cancellation by return email and confirm the date on which the current billing period ends. Cancellation does not entitle the Customer to a refund of Fees already invoiced except as provided in the Refund Policy and as required by the Australian Consumer Law.

12. Service level

CloudBookMod uses reasonable commercial endeavours to maintain the shop and the Client Area available on a best-effort basis with a target monthly uptime of 99.5%, calculated over each calendar month excluding scheduled maintenance windows notified in advance and periods of unavailability caused by the NewBook Cloud service, by upstream providers or by force majeure events. The 99.5% figure is a target and not a contractual service-level agreement giving rise to service credits, but CloudBookMod publishes incident reports for material outages and, where a Module cannot be operated for reasons within our control for more than seventy-two (72) hours, the Customer may claim a pro-rata credit against the following month's invoice.

13. Consumer guarantees under the Australian Consumer Law

Where the Customer acquires Modules or services as a consumer within the meaning of section 3 of the Australian Consumer Law, the Customer benefits from statutory consumer guarantees that cannot be excluded, restricted or modified by these terms. Those guarantees include:

  • that goods supplied are of acceptable quality (section 54 ACL);
  • that goods are reasonably fit for any disclosed purpose (section 55 ACL);
  • that goods match their description or sample (sections 56 and 57 ACL);
  • that services are supplied with due care and skill (section 60 ACL);
  • that services are reasonably fit for any disclosed purpose (section 61 ACL); and
  • that services are supplied within a reasonable time where no time is fixed (section 62 ACL).

Nothing in these terms operates to exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any equivalent state or territory legislation where to do so would contravene that legislation or cause any part of these terms to be void.

14. Limitation of liability

Subject to clause 13 and to any non-excludable rights or remedies of the Customer under the Australian Consumer Law:

  • each party's total aggregate liability arising out of or in connection with this agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total Fees paid by the Customer to CloudBookMod in the twelve (12) months immediately preceding the event giving rise to the claim;
  • neither party is liable for any indirect, incidental, consequential, special, punitive or exemplary loss, or for any loss of profits, revenue, business, goodwill, opportunity, savings or data (except loss of data caused by our failure to comply with our security obligations); and
  • each party is liable to the other only for loss and damage that arises naturally from the breach in question or that both parties knew, at the time of contracting, was likely to result from the breach.

Where CloudBookMod's liability arises for a failure to comply with a consumer guarantee and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, CloudBookMod's liability is limited under section 64A of the Australian Consumer Law, at CloudBookMod's option, to any of: the resupply of the services, the payment of the cost of having the services supplied again, the replacement of the Module or the payment of the cost of a replacement.

15. Indemnity

The Customer indemnifies CloudBookMod against all liabilities, losses, costs and expenses (including reasonable legal costs) suffered or incurred by CloudBookMod arising directly from (a) the Customer's use of a Module in a manner that materially breaches this agreement or a written instruction from CloudBookMod, (b) any content or data the Customer transmits through a Module in violation of applicable law, or (c) any infringement by the Customer of third-party intellectual property rights. This indemnity is reduced proportionately to the extent that CloudBookMod, its employees, agents or subcontractors caused or contributed to the loss.

16. Intellectual property

CloudBookMod and its licensors retain ownership of all intellectual property rights in the Modules, in the shop, in the Client Area and in any documentation, know-how or improvements arising in connection with the supply of the services. During the term of the applicable Subscription, CloudBookMod grants the Customer a non-exclusive, non-transferable, revocable licence to use the Modules for the Customer's internal business purposes in connection with its NewBook Cloud account. The Customer may not reverse-engineer, decompile, resell, sublicense or create derivative works of the Modules except as expressly permitted by mandatory Australian law.

17. Confidentiality

Each party undertakes to keep confidential any non-public information marked or reasonably understood to be confidential that it receives from the other party in connection with this agreement, and to use it only for the purpose of performing this agreement. Confidential information does not include information that is or becomes publicly available otherwise than by breach of this clause, that was already known to the receiving party without a duty of confidence, or that is required to be disclosed by law or by a competent regulator.

18. Force majeure

Neither party is liable for any failure or delay in the performance of its obligations (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, acts of civil or military authority, epidemics, government-imposed restrictions, industrial action affecting a third party, failures of upstream telecommunications networks, or outages of the NewBook Cloud platform. The affected party must notify the other in writing without undue delay and use reasonable endeavours to overcome the event.

19. Assignment

Neither party may assign or transfer any of its rights or obligations under this agreement without the prior written consent of the other party, such consent not to be unreasonably withheld. CloudBookMod may, however, assign the agreement to a related body corporate within the meaning of the Corporations Act 2001 (Cth), or in connection with a merger, acquisition or sale of substantially all of its assets, upon written notice to the Customer.

20. Notices

Any notice under this agreement must be given in writing and delivered by email to support@cloudbookmod.org (for notices to CloudBookMod) or to the email address on file for the Customer (for notices to the Customer), and is deemed received on the next business day in Melbourne after transmission. Formal legal notices addressed to CloudBookMod must additionally be sent by pre-paid post to 156 Collins Street, Level 12, Melbourne VIC 3000, Australia, for the attention of the Director.

21. Entire agreement

These Terms of Service, together with the Privacy Policy, the Cookie Policy, the Refund Policy and, where applicable, the Data Processing Agreement, constitute the entire agreement between the parties in respect of their subject matter and supersede all prior representations, understandings and agreements, whether oral or written. No variation of this agreement is effective unless made in writing and signed by an authorised representative of each party.

22. Governing law and jurisdiction

This agreement is governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Victoria, including the Supreme Court of Victoria in Melbourne, and the courts entitled to hear appeals from them.

23. Dispute resolution

Before commencing any court proceeding, other than for urgent injunctive relief or the recovery of an undisputed debt, the parties must attempt in good faith to resolve any dispute arising out of or in connection with this agreement by mediation administered by the Resolution Institute in Melbourne, in accordance with the Resolution Institute Mediation Rules then in force. The mediator's fees are shared equally between the parties. If the dispute is not resolved within sixty (60) days after the appointment of the mediator, either party may commence proceedings in the courts identified in clause 22.

24. Contact

CloudBookModMod Pty Ltd
156 Collins Street, Level 12, Melbourne VIC 3000, Australia
Director: Sarah Mitchell
Telephone: +61 3 9642 7853
Email: support@cloudbookmod.org
ABN: 82 743 951 268 — ACN: 743 951 268
Bank: Commonwealth Bank of Australia, BSB 062-345, account 789012345.

Effective from 11 August 2026.

CloudBookMod

Modules, extensions and integrations for NewBook Cloud PMS

Independent shop of modules, extensions and integrations for NewBook Cloud PMS — the Australian holiday park and hotel property management platform.

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CloudBookModMod Pty Ltd — ABN: 82 743 951 268 — ACN: 743 951 268 — 156 Collins Street, Level 12, Melbourne VIC 3000, Australia — Director: Sarah Mitchell — support@cloudbookmod.org — Tel: +61 3 9642 7853 — Commonwealth Bank of Australia, BSB 062-345, Acc 789012345.
CloudBookMod is an independent third-party marketplace and is in no way affiliated with, sponsored by or endorsed by NewBook Pty Ltd or its parent company. All trademarks, product names and logos are the property of their respective owners. Supervisory authority for data protection: Office of the Australian Information Commissioner (OAIC). Jurisdiction: Supreme Court of Victoria, Melbourne. Applicable legal framework: Privacy Act 1988 (Cth) — Australian Privacy Principles — Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).
© 2024–2026 CloudBookModMod Pty Ltd. All rights reserved.
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