1. Acceptance of Terms
Welcome to Australian Beaches. By accessing and using this website, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this website's particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
2. Description of Service
Australian Beaches provides users with access to a collection of resources, including various communications tools, forums, beach guides, and personalized content through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms of Use. You understand and agree that the Service is provided "AS-IS" and that Australian Beaches assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
3. Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Australian Beaches has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Australian Beaches has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. User Account, Password, and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Australian Beaches of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Australian Beaches cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Australian Beaches, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Australian Beaches does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
6. Indemnity
You agree to indemnify and hold Australian Beaches, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another.
7. Modifications to Service
Australian Beaches reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Australian Beaches shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8. Termination
You agree that Australian Beaches, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Australian Beaches believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Australian Beaches may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Australian Beaches may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Australian Beaches shall not be liable to you or any third-party for any termination of your access to the Service.
9. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Australian Beaches has no control over such sites and resources, you acknowledge and agree that Australian Beaches is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Australian Beaches shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. Copyright and Content Ownership
The Service and its original content, features, and functionality are owned by Australian Beaches and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Materials (including without limitation information, data, software, photographs, graphs, videos, typefaces, graphics, music, and sound) on the Service are protected by copyright law and are the property of Australian Beaches or its licensors. You may not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way without the prior written consent of Australian Beaches or the respective intellectual property owner.
11. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUSTRALIAN BEACHES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AUSTRALIAN BEACHES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUSTRALIAN BEACHES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUSTRALIAN BEACHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. Changes to Terms
Australian Beaches reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.
14. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Australia. You agree that any legal action or proceeding between Australian Beaches and you for any purpose concerning these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Australia.
15. Contact Information
If you have any questions about these Terms of Use, please contact us at:
In Australia: 13 92 26
International: +61 2 6216 1111
Postal Address: PO Box 3373, Penrith NSW 2750, Australia
Last updated: May 1, 2023