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Terms of Service

Last Updated: August 10, 2023

Welcome to Discover Australia. By accessing or using our website, you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you may not access or use our website.

1. Acceptance of Terms

By accessing or using the Discover Australia website (the "Site"), you agree to comply with and be bound by these Terms. These Terms apply to all visitors, users, and others who access or use the Site. If you disagree with any part of these Terms, you may not access the Site.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any significant changes by posting the new Terms on the Site and/or updating the "Last Updated" date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

3. Access to the Site

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes. This license does not include:

  • Modifying or copying the materials on the Site
  • Using the materials for any commercial purpose
  • Attempting to decompile or reverse engineer any software contained on the Site
  • Removing any copyright or proprietary notations from the materials
  • Transferring the materials to another person or "mirroring" the materials on any other server

This license shall automatically terminate if you violate any of these restrictions, and we may terminate this license at any time. Upon termination, you must destroy any downloaded materials in your possession.

4. User Accounts

4.1 Account Creation

Some portions of our Site may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Responsibilities

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 will not be liable for any loss or damage arising from your failure to comply with this section.

5. Intellectual Property

5.1 Site Content

The Site and its original content, features, and functionality are owned by Discover Australia and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, create derivative works, publicly display, publicly perform, republish, or transmit any of the material on our Site without prior written consent.

5.2 Trademarks

The Discover Australia name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Discover Australia or its affiliates or licensors. You may not use such marks without our prior written permission.

6. User Contributions

6.1 Content Standards

You may have the opportunity to submit comments, reviews, or other content ("User Contributions") to the Site. All User Contributions must comply with these Terms and must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
  • Violate the legal rights of others or contain any material that could give rise to civil or criminal liability under applicable laws
  • Be likely to deceive any person or promote any illegal activity
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Involve commercial activities or sales, such as contests, sweepstakes, or other promotional offers
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

6.2 License to User Contributions

By providing User Contributions to the Site, you grant Discover Australia and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, publish, distribute, and display such content in any media formats and through any media channels.

7. Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content:

  • For any unlawful purpose
  • To solicit others to perform or participate in any unlawful acts
  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • To submit false or misleading information
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose
  • To interfere with or circumvent the security features of the Site

We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

8. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Discover Australia. We have no control over, and assume 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 content, goods, or services available on or through any such third-party websites or services.

9. Disclaimers

9.1 Site Accuracy

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

9.2 "AS IS" and "AS AVAILABLE" Basis

The Site is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Without limiting the foregoing, we disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 Technical Issues

We do not guarantee that the Site will be secure or available at any particular time or location. The Site may contain technical inaccuracies or typographical errors. We reserve the right to make changes to the Site at any time without notice.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Discover Australia, its affiliates, officers, directors, employees, agents, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, or any other damages of any kind, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use of, or inability to use, the Site, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to defend, indemnify, and hold harmless Discover Australia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, 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.

13. Dispute Resolution

Any legal action or proceeding relating to your access to, or use of, the Site or these Terms shall be instituted in the courts of New South Wales, Australia. You and Discover Australia agree to submit to the personal jurisdiction of such courts.

14. Severability

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.

15. Entire Agreement

These Terms constitute the entire agreement between you and Discover Australia regarding your use of the Site and supersede all prior and contemporaneous written or oral agreements between you and Discover Australia.

16. Contact Information

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

Discover Australia

123 Tourism Avenue

Sydney, NSW 2000

Australia

Email: [email protected]

Phone: +61 2 1234 5678

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123 Tourism Avenue, Sydney, NSW 2000, Australia

+61 2 1234 5678

[email protected]

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