Terms & Conditions of Service
By using the information, services and products available through this Web
site you are agreeing to the terms and conditions contained herein. Australia
Travel Search is a free computer online directory service ("Service") made
available to users over the Internet. As part of our service, Australia Travel
Search will provide you ("the user") links to other Web sites and other services
that Australia Travel Search may decide to offer, subject to the terms hereof.
Upon notice published through the Service or otherwise, Australia Travel Search
may modify this Agreement at any time. You agree and continue to agree to use
the Australia Travel Search Service in a manner consistent with all applicable
laws and regulations and in accordance with the terms and conditions set out
below.
General Terms
By using the Service, you agree to be legally bound and to abide by the Terms
of Service, just as if you had signed this Agreement. If you do not comply
and/or continue to comply with the Terms of Service, Australia Travel Search may
terminate your right to access the service.
Australia Travel Search may discontinue or alter any aspect of the Service,
including, but not limited to, (i) restricting the availability and/or scope of
the Service for certain platforms and operating systems, (ii) restricting the
times the service is available, (iii) restricting the amount of use permitted,
and (iv) restricting or terminating any User's right to use the Service, at
Australia Travel Search's sole discretion and without prior notice or liability.
You are responsible for all charges (e.g., telephone) associated with
connecting to the Service through an available access number. You are also
responsible for obtaining or providing all telephone access lines, telephone and
computer equipment (including modem), or other access device, necessary to
access the Service. You further certify that you are an individual (e.g., not a
corporation).
You acknowledge that the Service contains information, software, photos,
video, graphics, music, sounds or other material (collectively, "Content") that
are protected by copyrights, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the Australian copyright laws, and Australia Travel
Search owns a copyright in the selection, coordination, arrangement and
enhancement of such Content. You may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit, any of
the Content, in whole or in part. You may not upload, post, reproduce or
distribute Content protected by copyright, or other proprietary right, without
obtaining permission of the copyright owner. All trademarks appearing on the
Service are trademarks of their respective owners.
Australia Travel Search claims no responsibility for the accuracy, content,
or availability of information accessed or linked to through use of its service.
Australia Travel Search encourages it's users to determine and abide by the
restrictions the authors and providers of linked-to Web sites have placed upon
use of the information contained in those Web sites.
You will not engage in any conduct that in the discretion of Australia Travel
Search restricts or inhibits any other person from using or enjoying the
Service. You agree to use the Service only for lawful purposes. You certify that
you are an individual (e.g., not a corporation) and at least eighteen (18) years
of age or have specific permission from a parent or legal guardian to use the
Service. You are prohibited from posting on or transmitting through the Service
any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, hateful, racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any material which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law.
Australia Travel Search may elect to electronically monitor the Service for
adherence to the Terms of Service and may disclose any Content, records or
electronic communication of any kind (i) to satisfy any law, regulation or
authorized governmental request, (ii) if such disclosure is necessary to operate
the Australia Travel Search Service, or (iii) to protect the rights or property
of Australia Travel Search or its partners.
Australia Travel Search reserves the right to prohibit conduct, communication
or Content which it deems in its discretion to be harmful to individual users or
other third-party rights, or to violate any applicable law.
Disclaimer of warranty and limitation of liability
Australia Travel Search's services are provided "as is," without warranty of
any kind, either express or implied, including without limitation any warranty
for information, services, uninterrupted access, or products provided through or
in connection with the service, including without limitation any Australia
Travel Search software licensed to you and the results obtained through the
service. Specifically, Australia Travel Search disclaims any and all warranties,
including without limitation: 1) any warranties concerning the availability,
accuracy or content of information, products or services; and 2) any warranties
of title or warranties of merchantability or fitness for a particular purpose.
You agree that use of the service is entirely at your own risk.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action. You specifically acknowledge that Australia Travel Search
is not liable for the defamatory, offensive or illegal conduct of other users or
third parties and that the risk of injury from the foregoing rests entirely with
you.
Neither Australia Travel Search nor any of its partners, agents, affiliates
or content providers shall be liable for any direct, indirect, incidental,
special or consequential damages arising out of use of the service or inability
to gain access to or use the service or out of any breach of any warranty. You
hereby acknowledge that the provisions of this section shall apply to all
content on the service.
You agree to indemnify and hold Australia Travel Search, its partners,
agents, affiliates and content partners harmless from any dispute which may
arise from a breach of terms of this agreement. You agree to hold Australia
Travel Search harmless from any claims and expenses, including reasonable
attorney's fees and court costs, related to customer's violation of this
agreement, including the terms of service or any content placed on the service
by you.
Miscellaneous
This Agreement shall be construed and controlled by the laws of New South
Wales, Australia. Further, any dispute arising from the terms of this agreement
or a breach of this Agreement will be governed by the laws of New South Wales,
Australia. As a user of this service, you agree to personal jurisdiction by the
state and federal courts sitting in the State of New South Wales, Australia.
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter contained herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written or oral
between Australia Travel Search representatives and you. Australia Travel Search
may amend or modify this Agreement or impose new conditions at any time upon
notice from Australia Travel Search to the user as published through the
Service. Any use of the Service by you after such notice shall be deemed to
constitute acceptance by you of such amendments, modifications or new
conditions. |
