1. Website Terms and Conditions of Use
The Website, Yearround, located at the URL www.yearround.com.au (Site) is beneficially operated by Online Travel Solutions Pty Ltd ACN 138 079 688 (Year Round). The Terms and Conditions of Use contained in this document apply to Users (wherever you may be located in the World) as you browse the Site and peruse the Content contained herein and when a booking is made.
2. Restrictions on use
This Site and the information and facilities contained herein must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of Year Round.
In addition, you must not:
(a) data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
(b) frame or mirror our Site without our prior written consent;
(c) tamper with, hinder the operation of, or make unauthorised modifications to our Site or any Content;
(d) knowingly transmit any virus, worm or other disabling feature to or via our Site;
(e) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our domain;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(g) use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
(h) use Year Round's Site or any facilities available on our Site for any activities, or transmit to or via our Site any information or Content which:
i) breach any laws or regulations;
ii) breach these Terms and Conditions of Use;
iii) infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
iv) are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
v) attempt to do, or permit another person to do, any of the above acts.
You access our Site at your own risk and you are responsible for compliance with the laws of your jurisdiction (your home country) and these Terms and Conditions of Use.
3. Provision of service
We may without notice suspend our Site or disconnect or deny your access to any part of our Site during:
(a) any technical failure;
(b) maintenance period that the Year Round decides to utilise;
(c) if you do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Site;
Year Round may make improvements and or changes to Site or the Content at any time without notice to you. Year Round does not warrant that the site architecture or navigation will not change now or at any time into the future.
4. Intellectual property
Users may download, print or copy information on Site for your own use. Apart from this, you must not sell, lease, furnish or otherwise permit or provide access to www.yearround.com.au to any other person and you must not use, reproduce, communicate, publish, or distribute any of the Content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information on our Site for commercial gain.
4.1 Copyright in Materials on the Site
(a) Unless otherwise indicated, Year Round reserves all copyright in the Content and design of our Site. Year Round owns all such copyright or uses it under licence or applicable law.
(b) Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Year Round.
4.2 Trademarks used on the Site
(a) Year Round is the owner of several trade marks which appear on our Site. Unauthorised use of these trademarks will infringe our intellectual property rights.
(b) Year Round reserves all other rights in Materials and our Site.
5. Accuracy of Site Content
5.1 No reliance
(a) Whilst Year Round makes every reasonable attempt to keep the Content of the Site up to date we do not warrant that it is accurate or current.
(b) Every attempt is made to ensure that the pictures, photographs and descriptions (Attributes) included are a true representation of the Products being provided, however these Attributes do not constitute a representation, warranty or guarantee of that the Attributes will be as depicted.
(c) All prices quoted on the Site are expressed in the local currency of the location of the Product Provider being booked, inclusive of (GST), but may exclude any other tax, levy or surcharge that may be imposed by either state or federal agencies from time to time in the applicable Country.
(d) Prices displayed on the Site should be used as a guide only as they may change from time to time without notice. They are current as at the time of booking.
(e) Users acknowledge that the Content on the Site is subject to change at any time and is provided by third party product providers.
6. Limitation of liability
(a) Year Round makes it's Site available for Users to use, however it does not assume a duty of care to Users.
(b) Year Round makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content contained on Site.
(c) Year Round does not warrant or represent that our Site or Materials will not cause damage or are free from any computer virus or any other defects or errors.
(d) Year Round does not accept responsibility for any loss or damage, however caused (including through negligence), which Users may directly or indirectly suffer in connection with their use of the Site or any linked website, or which may arise directly or indirectly in respect of Products supplied pursuant to placing an order on the Site.
(e) Year Round does not accept any responsibility for any loss arising out of your use of, or reliance on, information contained on or accessed through the Site.
(f) Where any law implies a warranty into these Terms and Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the product or services again, or the payment of the cost of having them supplied again.
(g) Where liability cannot be excluded, any liability incurred by Year Round in relation to the use of our Site or the Content is limited as provided under the Trade Practices Act 1974 (Cth).
(h) Under no circumstances will Year Round be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use or reliance on Content on it's Site.
7. Indemnity
By using the Site, Users indemnify Year Round and its respective officers, employees and agents (the Indemnified) against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Year Round incurs or suffers as a direct or indirect result of:
(a) a breach by you of these Terms and Conditions of Use;
(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Site;
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.
8. Links from www.yearround.com.au
(a) Year Round makes no warranties or representations that Content on other Sites to which our Site is linked does not infringe the intellectual property rights of any person anywhere in the world.
(b) Year Round has not reviewed all of the sites, downloads, plug ins, features or advertisements linked to the Site. The inclusion of a link does not imply an endorsement, and use of the links is at your own risk.
(c) Year Round is not authorising infringement of any intellectual property rights contained in Content on other sites.
9. Uploading information to www.yearround.com.au
You represent and warrant in relation to any material, Content and/or information you provide to the Site that:
(a) you will not knowingly transmit any worm, virus or other disabling feature to or via our Site;
(b) the Material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;
(c) the Material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the
i) Trade Practices Act 1974 (Cth);
ii) Fair Trading Act 1989 (Qld)
iii) Copyright Act 1968 (Cth);
iv) Trade Marks Act 1995 (Cth);
(d) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the Material and/or information is or will be available electronically to Users of the Site.
10. Improvements and modifications
Year Round welcomes ideas and feedback from Users about all aspects of our Site. You agree that Year Round may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of our Site or by email to Year Round.
11. Miscellaneous
11.1 Access to the Site outside Australia
We do not represent or warrant that Content on our Site complies with the laws of any country outside of Australia. If you access Site from outside Australia, you do so at your own risk.
11.2 Applicable Law
These Site Terms and Conditions and the Materials on Year Round's Site are governed by the law applicable in the State of New South Wales, Australia.
Year Round and the Client irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia in the event of a dispute over these Terms and Conditions of Use or the Materials contained herein.
11.3 Changes
Year Round may change the Terms and Conditions of Use at its discretion by providing notice on our Site. The current version of the Terms and Conditions of Use will be available on our Site at all times.
11.4 Entire agreement
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the entire agreement between the parties. Any contact with Customer Service Officers of Year Round that includes any negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by these Terms and Conditions
11.5 Severance
If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document. The severed part will not affect the validity and enforceability of the remaining Terms and Conditions.
11.6 Waiver
If Year Round does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by Year Round of our right to act with respect to subsequent or similar breaches.
