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Australia Tourism

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Terms of Service

Last Updated: April 23, 2023

Contents

  • Introduction
  • Definitions
  • Acceptance of Terms
  • Changes to Terms
  • User Accounts
  • User Content
  • Bookings and Services
  • Cancellations and Refunds
  • Prohibited Uses
  • Intellectual Property
  • Disclaimers
  • Limitation of Liability
  • Indemnification
  • Termination
  • Governing Law
  • Dispute Resolution
  • Contact Us

1. Introduction

Welcome to Australia Tourism. These Terms of Service govern your use of the Australia Tourism website (australiatourism.com) and all related services provided by Australia Tourism.

By accessing or using our website and services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the website or use our services.

2. Definitions

Throughout these Terms of Service, the following terms shall have the meanings as defined below:

  • "Website" refers to the Australia Tourism website, accessible from australiatourism.com
  • "Service" refers to the Website as well as all the services provided by Australia Tourism
  • "Company", "We", "Us", or "Our" refers to Australia Tourism
  • "You", "Your", or "User" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service
  • "Content" refers to text, images, photos, audio, video, or any other materials or information posted, uploaded, or otherwise made available through the Service
  • "Booking" refers to any reservation or purchase made through our Service for travel arrangements, tours, accommodations, or other travel-related services

3. Acceptance of Terms

By accessing this Website, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.

These Terms of Service apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

4. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any changes by updating the "Last Updated" date at the top of this document. It is your responsibility to check this page periodically for changes. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.

5. User Accounts

5.1 Account Creation

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

5.2 Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5.3 Account Termination

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

6. User Content

6.1 Content Responsibility

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

6.2 Content License

By posting Content on or through the Service, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

6.3 Content Restrictions

You agree that you will not post any Content that is unlawful, fraudulent, harassing, abusive, tortious, defamatory, obscene, libelous, or otherwise objectionable. We reserve the right, but not the obligation, to remove any Content that violates these Terms or that we find objectionable for any reason, without notice to you.

7. Bookings and Services

7.1 Booking Process

When making a Booking through our Service, you agree to provide current, complete, and accurate information. All fees and charges for Bookings will be clearly displayed to you before confirmation. You agree to pay all charges at the prices then in effect for your Bookings.

7.2 Third-Party Services

Certain services may be provided by third-party providers, such as accommodation providers, tour operators, transportation companies, and other service providers. We are not responsible for the actions, omissions, or policies of these third parties. Your interaction with any third-party provider is governed by their terms and conditions.

7.3 Travel Documentation

You are responsible for obtaining and maintaining all necessary travel documents, including passports, visas, health certificates, and insurance. We are not liable for any loss or damage resulting from your failure to obtain or maintain the required documentation.

8. Cancellations and Refunds

8.1 Cancellation Policy

Cancellation policies vary depending on the specific service, tour, or accommodation booked. The applicable cancellation policy will be clearly communicated to you during the booking process. You agree to review and understand the cancellation policy before confirming your Booking.

8.2 Refund Process

Refunds, where applicable, will be processed according to the specified cancellation policy. Processing times for refunds may vary depending on your payment method and financial institution.

8.3 Modifications

Modifications to existing Bookings are subject to availability and may incur additional fees. Some Bookings may not be modifiable after confirmation. The specific terms regarding modifications will be provided during the booking process.

9. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service
  • Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose
  • Use any device, software, or routine that interferes with the proper working of the Service
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempt to interfere with the proper working of the Service

10. Intellectual Property

10.1 Service Content

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Australia Tourism and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Australia Tourism.

10.2 User Content

You retain your rights to any Content you submit, post, or display on or through the Service. By submitting, posting, or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your Content in any existing or future media.

11. Disclaimers

11.1 Service Provided "As Is"

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

11.2 Accuracy of Information

Australia Tourism does not warrant that the information provided on the Service is accurate, complete, reliable, current, or error-free. Content on the Service, including travel information, descriptions, pricing, and availability, is subject to change without notice.

11.3 Service Availability

Australia Tourism does not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Australia Tourism, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Any travel arrangements or services provided by third parties, including accommodations, tours, activities, transportation, and dining

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Australia Tourism has been advised of the possibility of such damage.

13. Indemnification

You agree to defend, indemnify, and hold harmless Australia Tourism, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your user contributions, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.

14. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim against Australia Tourism, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email.

16.2 Arbitration

If we cannot resolve a dispute informally, you and Australia Tourism agree to resolve any disputes through binding arbitration in Sydney, New South Wales, Australia, rather than in courts of general jurisdiction.

16.3 Exceptions

The following disputes are excluded from this arbitration agreement: (1) disputes related to intellectual property; (2) disputes related to a violation of the Prohibited Uses provisions; and (3) any small claims disputes.

17. Contact Us

If you have any questions about these Terms of Service, please contact us at:

  • By email: [email protected]
  • By mail: Australia Tourism, 101 George Street, Sydney, NSW 2000, Australia
  • By phone: +61 2 8765 4321

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101 George Street
Sydney, NSW 2000
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Phone: +61 2 8765 4321
Email: [email protected]

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