Last Updated: January 15, 2023
Welcome to Australia Tourism! These Terms of Service ("Terms") govern your access to and use of our website at zrelaya-smetana.com (the "Site") and any services, features, content, or applications offered by Australia Tourism (collectively, the "Services").
Please read these Terms carefully before using our Site or Services. By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Site or Services.
IMPORTANT NOTICE: These Terms contain provisions that govern how claims between you and Australia Tourism can be brought. Please read these Terms carefully.
By accessing or using our Site or Services, you confirm that:
If you are accessing or using our Site or Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our Site. Your continued use of our Site or Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using our Site and Services.
We will make reasonable efforts to notify you of any material changes to these Terms, such as through a notice on our Site or an email to the email address associated with your account.
Some features of our Services may require you to register an account. When you register, you agree to provide accurate, current, and complete information and to update your information as necessary to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account, refuse service, and/or cancel bookings if we suspect that your account is being used for fraudulent or unauthorized activities.
When you make a booking through our Site, you agree to pay all charges associated with your booking, including the booking price, applicable taxes, and any service fees. All prices are displayed in the currency specified on the booking page.
A booking is not confirmed until you receive a confirmation email from us. We reserve the right to refuse or cancel a booking at our discretion.
Cancellation policies vary depending on the type of service booked. The specific cancellation policy applicable to your booking will be displayed during the booking process and in your booking confirmation.
In general, the following cancellation policies apply:
In the event of exceptional circumstances (such as a serious illness, natural disaster, or government travel restrictions), we may, at our discretion, offer a more flexible cancellation policy.
You agree to use our Site and Services for lawful purposes only and in accordance with these Terms. You agree not to:
Our Site and Services, including all content, features, and functionality (including but not limited to text, graphics, images, videos, logos, button icons, data compilations, and software), are owned by Australia Tourism, its licensors, or other providers and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable license to access and use our Site and Services for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
Our Site may allow you to post, submit, publish, display, or transmit content, such as reviews, comments, or feedback ("User Content"). By providing User Content, you grant Australia Tourism a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
You represent and warrant that:
We have the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion.
OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
AUSTRALIA TOURISM DOES NOT WARRANT THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN OUR SITE OR SERVICES WILL BE CORRECTED.
AUSTRALIA TOURISM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON OUR SITE OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, AUSTRALIA TOURISM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SITE OR SERVICES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF AUSTRALIA TOURISM TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OUR SITE OR SERVICES EXCEED THE AMOUNT PAID BY YOU TO AUSTRALIA TOURISM DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless Australia Tourism and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Site or Services, including, but not limited to, your User Content, any use of our Site's content, services, and products other than as expressly authorized in these Terms.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Site or Services shall be instituted exclusively in the courts of New South Wales, Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No waiver by Australia Tourism of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Australia Tourism to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Australia Tourism concerning our Site and Services.
If you have any questions or concerns about these Terms or our Site or Services, please contact us at:
Australia Tourism
123 Tourism Avenue
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8123 4567