In these terms, “ALT”, “we”, “us”, and “our” means Australian Luxury Traveller (ABN 15 671 122 595), “Website” means Australian Luxury Traveller. Please read these terms carefully before you start to use the website as they apply to your use of this website and all of its contents. They also apply to any associated services, products, software provided by us (the “Website”).
By accessing or using the Website you agree to be bound by these Terms of Use and our Privacy Policy. We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website
Intellectual Property
You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website, are all subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).
We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.
You may reproduce and display the material from this Website for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference.
Except as provided in these terms, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means), in whole or in part, any material from the Website without prior written approval or the written approval of our licensor.
In particular, you may not use any material on this Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
Disclaimer
Except where expressly specified, the content on the Website is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice prior to making any decisions.
Whilst we try to ensure that all information on the Website is accurate, we cannot vouch that all information will be accurate and up to date at all times. The Website contains a large amount of data, and errors are likely to occur in tracking changes such as but not limited to changes in dates and times of events, restaurant information, prices, accommodation, or other travel information.
Sections of this Website contains material submitted to ALT by Third Parties. It is the responsibility of these Third Parties to ensure that the material submitted for inclusion on this website comply with all applicable laws.
We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence or damage caused by reliance on any material contained within the Website.
We also cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. You are advised to check with the establishment concerned.
Responsibility is not accepted for the content of any website to which a hypertext link from this website exists. Such links are provided for your convenience on an ‘as is’ basis. Should you find any inaccurate information on the website, please contact us and we shall correct it as soon as it is possible.
Linking to this Website
We encourage you to establish hyperlinks to this Website. While you may use the name of the website in the anchor text of any such link, so long as the link does not state or imply any sponsorship of your site by us or by the Website
You may not use any of our logos or trademarks without our prior written consent.
You must not frame this Website or represent or imply that any part of the Website belongs to anyone other than us.
If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
Privacy
Your use of the Website is also subject to the ALT Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Warranties and Indemnity
You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
– YOUR ACCESS TO AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE WEBSITE AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE WEBSITE TO MEET YOUR REQUIREMENTS); OR
– YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN.
The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.
You must indemnify, defend and hold harmless us and our affiliates, and their respective directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.
We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
Links and Advertisements
The Website may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website. You should contact the relevant third party directly if have any questions.
In some instances, advertisements will contain offers that you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.
Where the Website includes products available for purchase, the prices and product description are the responsibility of the retailer.
DMCA Notices
All content is created in house. If not, it is provided by tourism authorities, venues or public relations companies with permission for use. This includes images that appear on the Website.
If you feel that your copyright rights have been violated, please send us a DMCA takedown notice and we will remove the material. You can send the notice to;
or
Australian Luxury Traveller
PO Box 36, Oyster Bay NSW 2225
Australia
The following information must be included with the DMCA or it will be ignored;
– Your address, telephone number, and email address;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the alleged infringing material is located;
– A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
General
If any part of these terms is:
– held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or
– inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,
and the remainder will remain in full force and effect. These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
These terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Website.
Your use of the Website is conducted electronically, and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The word “including” when used in these terms is not a term of limitation.