All clauses of the Terms and Conditions page of the Website also apply to these Terms, including Definitions for interpretation.
Intellectual Property Rights Notices
- Some of the material on the Website has been provided to the Seller by third parties which are not owned by the Seller and are displayed on the Website by the Seller in good faith.
- Other than such Third Party Materials, all Intellectual Property Rights in the content and materials provided by the Seller on the Website (including but not limited to screen interfaces, text, icons, illustrations and photographs) are owned absolutely by the Seller, unless stated otherwise on the Website.
- The Seller's trademarks are Trade Marks of the Seller. All Intellectual Property Rights in all associated logos, screen interfaces, text, illustrations and photographs on the Website are Copyright.
Third Party Materials and Websites
- The Website contains Third Party Materials. The Seller does not warrant that any such Third Party Materials are not defamatory or do not infringe the Intellectual Property Rights of any person nor will the Seller be liable for any such material or content or any material or content which is otherwise illegal.
- The Website contains Third Party Websites. Links to Third Party Websites which are provided on the Website are provided "as is" and "as available" for Your convenience only and without warranty.
- The Seller will not be responsible for the content or availability of any Third Party Materials on the Website or Third Party Websites, and in the event that You rely on any Third Party Materials You acknowledge and accept that You will do so at Your own risk; and in the event that You choose to click on a link to a Third Party Website and access the corresponding website, You acknowledge and accept that You will leave the Website and do so at Your own risk.
- The existence of Third Party Materials and links to Third Party Websites on the Website does not in any way imply that the proprietor of any such Third Party Materials or linked Third Party Website is authorised to use any copyright works, trademarks or logos of the Seller .
Permitted Use of the Website
- You are permitted (for Your personal, non-commercial use) to access, view, print and socially share content displayed on the Website, subject to the Terms.
- In the event that You wish to use or copy content on the Website for purposes other than permitted above, You agree to obtain express written consent from the Seller. You agree that consent may be withheld at the Seller's sole discretion, and consent may also be withdrawn by it at its sole discretion at any time.
Unauthorised Use of the Website
- You agree not to or to attempt to submit, upload, post or otherwise introduce any unlawful, defamatory, sexually explicit, abusive, threatening, obscene or otherwise illegal material of any kind or material that infringes any Intellectual Property Rights of any person onto the Website.
- The Seller reserves the right to delete and take down from the Website any material that it considers breaches the Terms at any time and without notice.
- You will not take any action to interfere with the operation of or display of information or content on the Website.
General Representation and Warranty
- The Website is provided on an "as is" and "as available" basis without warranty as to its completeness or reliability. Content may contain technical inaccuracies, typographical mistakes, and other errors. The Seller will not be responsible for incomplete, inaccurate or unreliable information and any reliance by You on such information or data will be at Your own risk.
- The Website may contain content that is offensive, indecent, or otherwise objectionable. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Seller disclaims any responsibility for any harm resulting from the use by a Visitor of the Website, or from any downloading by a Visitor of content there posted.
- You acknowledge and accept that the Seller is not a travel agent or any other similar service provider and will not be responsible or liable for any contract for goods or services which You may enter into with third parties referred to or advertising on the Website.
- The information and materials published on the Website are published without warranty of any kind whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and accuracy.
- Any information, data, view or opinions provided by the Seller on the Website are simply intended to be informative and are provided on an "as is" and "as available" basis. By accessing and using the Website You acknowledge that any reliance which You place on any information, data, views or opinions obtained from the Website will be entirely at Your own risk.
- The Seller does not warrant that access to the Website will be uninterrupted or error free or any such defects in the Website will be corrected or that the Website or the servers that make it available are free of computer viruses. Computer viruses may be uploaded to the Website by third parties and downloaded to Your personal computer upon access to the Website and the Seller will not be liable for any damage or loss caused by any such computer viruses. It is Your responsibility to run adequate virus protection software on Your personal computer to avoid such circumstance.
- The Seller does not represent or warrant that the information or data on or content of the Website complies with the regulatory regime of any country other than Australia. If You access the Website from locations outside Australia You do so entirely at Your own risk and You will be responsible for compliance with local laws.
- By submitting Material or content to the Seller for inclusion on the Website, You grant the Seller a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish it.
Limitation of Liability
In no event will the Seller, or its suppliers or licensors, be liable with respect to any subject matter of the Terms under any contract, negligence, strict liability or other legal or equitable theory for:
- Any special, incidental or consequential damages, or
- The cost of procurement for substitute Product, or
- For interruption of use or loss or corruption of data, or
- For any amounts that exceed the fees paid by You to the Seller under the Terms.
The Seller shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Your permission and authorisation to use the Website will automatically terminate together with the Terms in the event that You breach any of the Terms. Furthermore, the Seller reserves the right to refuse access to the Website to any user at any time at its sole discretion.
- In the event of termination of the Terms under this clause, You agree that You will immediately cease any attempt to access the Website and You will destroy content or materials which You may have downloaded or printed from the Website.
- In any event, any breach of the Terms will entitle the Seller to immediately terminate Your access to and use of the Website without notice.
Version#1. Published: 31st January 2017