(a) In these terms and conditions (the Terms and Conditions), “we”, “our” or “us” means Tourism Australia.
(b) Please read the Terms and Conditions carefully as they apply to your use of the internet site www.australia.com or any other Tourism Australia owned and operated internet site, including but not limited to nothinglikeaustralia.com (the Site(s)). By using the Site(s) you agree to be bound by the Terms and Conditions including those revisions referred to in (c).
(c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
(d) Your use of some parts or features of the Site(s) may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:
(a) You acknowledge that the Content on the Site(s) is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, “Content” means anything that you may see, read, hear, upload, download or access on or via the Site(s) (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Site(s)).
(b) Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to:
(c) Nothing you do on or in relation to the Site(s) will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.
(d) You agree that Tourism Australia owns the copyright and trade marks in the marketing logo “Australia”, the domain name(s) AUSTRALIA.COM, www.nothinglikeaustraila.com the advertising tag line(s) appearing in Tourism Australia advertisements on the Site(s) and the corporate logo “Tourism Australia” (the Tourism Australia Trade Marks). Tourism Australia reserves all rights in relation to the Tourism Australia Trade Marks. You agree not to use any of the Tourism Australia Trade Marks without our prior written consent. All other trade marks appearing on our Site(s) are the property of their respective owners.
(e) Maps that are presented in this website have been provided by NASA. Tourism Australia has to do the following in order to use these maps:
(a) We attempt to keep the Content of the Site(s) up to date. However, we do not warrant the accuracy or currency of the Content.
(b) You acknowledge that the Content on the Site(s) is subject to change at any time.
(c) All prices quoted on the Site(s) are in Australian dollars unless otherwise indicated.
(d) Prices quoted on the Site(s) should be used as a guide only as they may change from time to time.
(e) Some of the Content on the Site(s), including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content). This means that Tourism Australia may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on the Site(s). Tourism Australia does not verify, endorse or otherwise approve Sponsored Content.
(f) The views which are expressed by members of the public who have uploaded Content to the Site(s) are not our views and we accept no liability in respect of any Content posted on the Site(s) by third parties, nor are we responsible for its content or accuracy. Any reliance you place on Content posted on the Site(s) is at your own risk.
(g) If you consider any Content that has been posted to the Site(s) is offensive, unsuitable or has in some other way breached these Terms and Conditions, please email us at email@example.com with a link to the relevant Content and your reasons for objecting to it. We will consider your objection and determine whether the Content should be removed at our sole discretion.
(a) You must not:
(b) In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the Site(s) and are not responsible for the content or accuracy of any such off-Site materials, including any websites linked to the Site(s) through advertisements or search engines (collectively, Third Party Material). The linking of our Site(s) to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.
(b) You agree that you will not misuse any downloadable Content included on the Site(s), including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content on another website or making misleading or false representations about the Content, unless expressly authorised by Tourism Australia.
(c) Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Site(s) 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(s).
(a) There may be facilities in the Site(s) for you to submit or post Content to the Site(s). For Content you submit for posting to the Site(s) (in whatever format):
(b) For Content you submit for posting to the Site(s) (in whatever format) you agree not to:
(c) By posting Content to the Site(s) you warrant that:
(a) You acknowledge that Tourism Australia may or may not pre-screen Content, and that there is no obligation on Tourism Australia to pre-screen Content, and that Tourism Australia shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you.
(b) Without limiting paragraph (a), you agree that Tourism Australia may edit, remove or not publish any Content if it considers that:
(c) Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
You agree to indemnify and hold Tourism Australia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of Content you submit, post, transmit or otherwise make available through the Site(s), your use of the Site(s), your connection to the Site(s), your breach of these Terms and Conditions, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
(a) In order to be able to provide us with Content or download Content pursuant to these Terms and Conditions you must become a registered user. To become a registered user you must complete your registration details in the manner described on the website. Registration is free but non-transferable. You agree to provide true, accurate and complete information about yourself as prompted by the registration form. You must log into your user account in the manner required each time you wish to contribute to the Site(s).
(b) We reserve the right to refuse requests to register user accounts or to terminate your registration at any time at our sole discretion. We will not accept any request to register a user account that we suspect is being made by or on behalf of a user who has been suspended from the Site(s) for breach of these Terms and Conditions or has been suspended as a user/user of another website for vexatious, illegal or inappropriate comments/contributions.
(c) You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to:
(d) We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
(a) Your use of the Site(s) is at your own risk. You must not rely on any statement published on or linked to the Site(s) without first making your own enquiries to verify the information.
(b) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent.
(c) To the extent permitted by law, all information on or linked to on the Site(s) is provided “as is” and “as available” without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement.
(d) To the extent permitted by law, we do not accept any responsibility or liability for:
(e) To the extent we cannot exclude all liability, our aggregate liability to you arising in relation to your use of the Site(s) or the Content (whether arising from breach of these Terms, in negligence or any other common law or statutory cause of action) is limited to the following, the choice of which is at our sole discretion:
(a) If any part of the 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.
(b) The Terms and Conditions, and the use of the Site(s) and any contents thereof, are in all respects governed by and according to the laws of the State of New South Wales, Australia. By using the Site(s), you irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site(s) or any material contained therein, or accessed thereby.