Airlie Beach Tourism Terms and Conditions for the use if this site.
1. YOUR USE OF THIS SITE
These terms and conditions apply to your use of this internet site www.airliebeachtourism.com.au. By using this Site you agree to be bound by these terms and conditions.
On this Site:
• “Content” of this Site includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).
• “Principal” means a service provider who provides travel services offered through this site and on whose behalf we act as booking agent.
• “Site” means this internet site www.airliebeachtourism.com.au and its sub-domains, forms and reservations.
• “Airlie Beach Tourism”, “ABT”, “we” or “us” means Lynnshaw Pty Ltd trading as Airlie Beach Tourism.
3. OTHER TERMS AND CONDITIONS MAY APPLY
Your use of some parts or features of the Site may be governed by additional terms and conditions, dictated by each Principal represented by Airlie Beach Tourism from time to time. In particular, each Principal has their own booking terms and conditions that will apply when making a booking through this Site. Those additional terms and conditions:
(a) Apply to your use of such parts of the Site or features in addition to these terms and conditions; and
(b) Prevail over these terms and conditions to the extent of any inconsistency.
4. INTELLECTUAL PROPERTY RIGHTS
The Content on the Site is subject to copyright and possibly other intellectual property rights.
Unless you are expressly authorised by law you must not or permit any other person, to:
(a) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
(b) Otherwise infringe the intellectual property rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any intellectual property rights in the Content to you or licence you to exercise any intellectual property rights in the Content.
Our corporate logo “Airlie Beach Tourism” is our trademark. All rights are reserved by us. All trademarks (whether registered or unregistered) and logos appearing on our Site must not be used without obtaining the prior written consent of their owner.
5. CONTENT OF THE SITE
We attempt to keep the Content of the Site up to date. However, most of the Content is supplied to us by third party providers. Although we take reasonable steps to confirm its accuracy and currency, we do not warrant the accuracy or currency of the Content.
The Content on the Site is liable to change at any time without notice.
Prices quoted on the Site are in Australian Dollars ($AU) and include Goods and Services tax (GST). Please ensure that you confirm the price in $AU before making your booking.
Prices quoted on the Site should be used as a guide only and are not guaranteed, as they may change from time to time according to each respective Principal.
Any travel services advertised on this Site including prices are subject to availability.
6. YOUR USE OF THE SITE
In using this Site you must not:
(a) Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(b) Reproduce any Content from our Site without our express written permission, which we may withhold or grant in our absolute discretion;
(c) Interfere with other users use and enjoyment of the Site;
(d) Collect or store personal data about other users of the Site;
(e) Use another person’s personal information without their permission;
(f) Make any fraudulent, speculative or false enquiries, bookings, reservations or requests;
(g) Post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, obscene, indecent or pornographic material or any material that could give rise to civil or criminal proceedings;
(h) Knowingly transmit any virus or other disabling feature to the Site.
8. LINKS, DOWNLOADS, PLUG-INS, FEATURES AND ADVERTISEMENTS
We have not reviewed all of the sites, downloads, plug-ins, features or advertisements linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).
The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to us by third parties for inclusion on this Site.
Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
This Site may store cookies on your web browser in order to improve service for you on subsequent visits to the Site.
By using cookies, web sites can track information about a visitor’s use of the Site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.
10. USE OF THE SITE IS AT YOUR RISK
You use the Site at your own risk and everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. If a jurisdiction does not allow the exclusion of implied warranties but allows limitations of a certain maximum extent then we limit our warranties to that extent.
We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.
11. LIMITATION OF LIABILITY
To the extent permitted by law our aggregate liability to you is limited to the following, the choice of which is at our sole discretion:
(a) In the case of goods:
(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of the goods;
(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) The payment of the cost of having the goods repaired; or
(b) In the case of services:
(i) The supply of the services again; or
(ii) The payment of the cost of having the services supplied again.
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this clause but allows a limitation of a certain maximum extent then our liability is limited to that extent.
12. GENERAL PROVISIONS
We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
If any part of these terms and conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
This Site and your use of this Site are governed by the laws of Queensland, Australia. By using this Site, you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.