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Terms of Service

Last Updated: October 15, 2023

Introduction

Welcome to Discover Australia. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Discover Australia website (the "Service") operated by Discover Australia ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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.

Communications

By creating an account or subscribing to our newsletter, you agree to receive communications from us, which may include newsletters, promotional offers, and information about our services. You can opt out of receiving these communications by following the unsubscribe instructions provided in any email we send.

Content

Our Service allows you to access content, including but not limited to text, graphics, images, and information ("Content"). The Content is provided for general informational purposes only.

While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Content or the Service. Any reliance you place on such information is strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our Service.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Discover Australia 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 Discover Australia.

All Content, including text, images, graphics, and videos, is owned by Discover Australia or our licensors and is protected by copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Service, except for your own personal, non-commercial use.

User Contributions and Conduct

Our Service may contain features that allow users to submit, post, or display content or materials ("User Contributions"). All User Contributions must comply with these Terms of Service.

By providing any User Contribution on the Service, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Contribution throughout the world in any media.

You represent and warrant that:

  • You are the creator and owner of the User Contributions or have the necessary licenses, rights, consents, and permissions to authorize us to use your User Contributions.
  • Your User Contributions do not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
  • Your User Contributions do not contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Your User Contributions do not include any material that is false, fraudulent, deceptive, or misleading.
  • Your User Contributions do not violate any applicable law, regulation, or rule.
  • Your User Contributions do not contain any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

We reserve the right to remove any User Contribution at our sole discretion and without notice.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Discover Australia.

Discover Australia has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Discover Australia 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

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.

Limitation of Liability

In no event shall Discover Australia, 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; and
  • Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

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.

Discover Australia, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location;
  • Any errors or defects will be corrected;
  • The Service is free of viruses or other harmful components; or
  • The results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of 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. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

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

Discover Australia
42 Wallaby Way
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8765 4321

Discover Australia

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