Terms of Use

This website is owned and operated by Adventures in Paradise Pty Ltd (ACN 166 501 622), successors and assignees, (we or us).

These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. Please contact us if you have any questions, at admin+terms@sailinginparadise.com.au. Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accept the Terms.

INFORMATION

The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. Any reliance you place on the Information is at your own risk. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.

AMENDMENT

The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.

YOUR WARRANTIES

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.

LICENSE TO USE THE SITE

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.

PROHIBITED CONDUCT

You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site:

• unless you hold all necessary rights, licences and consents to do so;

• that infringes the intellectual property or other rights of any person;

• that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

• that defames, harasses, threatens, menaces, offends or restricts any person;

• that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or

• that would bring us, or the Site, into disrepute.

(b) Interfere with or inhibit any user from using the Site;

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

(e) Facilitate or assist another person to do any of the above acts.

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights. Your use of the Site does not grant you a licence, or act as a right of use, any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach copyright or intellectual property rights, including but not limited to, that you must not:

(a) alter or modify any of the code or the material on the Site;

(b) cause any of the material on the Site to be framed or embedded in another website;

(d) use our Site for commercial purposes.

REPUBLISHING

You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:

(a) you must make no alterations to the material;

(b) you must attribute the material to our Site, including linking back to our Site where possible; and

(c) you must not do so in way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.

PRIVACY

We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. Before agreeing to these Terms or making any purchases from our Site, please make sure you have read, understood and consented to our Privacy Policy at https://sailinginparadise.com.au/privacy-policy/

THIRD PARTY WEBSITES

This website may provide links out to websites or other online resources under the control of third parties. Any such links are provided solely for your convenience. We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and do not endorse them in any way.

Links from third party websites – you can only link to our website with prior written permission from us. We reserve the right to withdraw any such permission at any time.

REGISTERING YOUR DETAILS

Before you purchase our products and/or services, you must register an account with us.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

We may at any time request a form of identification to verify your identity.

If you are a registered user or member to this Site, you acknowledge and agree that:

You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

You will immediately notify us if your Password is lost or becomes known to any other person;

You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and

Any information you provide to us for posting or inclusion in our Sailing in Paradise Community, at any time, becomes our property.

To the extent that you provide personal information, Sailing in Paradise will treat such information strictly in accordance with its Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

When using our products and/or services, you may be given access to Facebook pages and groups or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Sailing in Paradise community any of the following:

Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

Information that includes personal or identifying information about another person without that person’s consent.

Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

Any information or content that impersonates any person or entity.

Any material, non-public information about companies without authorisation to do so.

Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

By posting or otherwise publishing Your Content on our Site or Sailing in Paradise Community, you:

Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

Warrant that you have the right to grant the above licences;

Warrant that Your Content does not breach these Terms; and

Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CODE OF CONDUCT

Whilst using this Site, we ask that you not:

Collect personal data about other users for commercial or unlawful purposes.

Violate our intellectual property or that of others who contribute to our site including guest bloggers

Post anything that contains software viruses, worms or any other harmful code; or

Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

THIRD PARTY INFORMATION

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

THIRD PARTY LINKS AND WEBSITES

This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.

RESERVATION OF RIGHTS

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

DELAYS AND OUTAGES

We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

LIMITATION OF LIABILITY

To the extent permitted by Law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.

To the extent permitted by Law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

DISCLAIMER

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;

(b) Third Party Information; or

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

Accessing or using this website or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this website or its content.

We are under no obligation to provide uninterrupted access to this website. We reserve the right to restrict your access to this website at any time and for any reason.

We do not guarantee that the contents of this website will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the website including, but not limited to any price quotes, stock availability data or non-fraudulent representations. You are responsible for maintaining appropriate software on your computer or device to protect you from any such errors, bugs, worms, trojans or viruses.

To the fullest extent permissible by law, we exclude any and all liability to you resulting from your use of the website or connected to these Terms of Use. This exclusion includes but is not limited to any type of damages, loss of data, income or profit or loss or damage to property belonging to you or third parties arising from the use of this website or its contents.

Nothing in these Terms of Use is intended to limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

INDEMNITY

By using the Site, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Site;

(b) any breach by you of these Terms; or

This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

BREACH

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

EXCLUSION OF COMPETITORS

You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

ENFORCEABILITY

If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

TERMINATION

The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

DISPUTES

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have (see contact details at the end of these terms).

JURISDICTION

Your use of this Site and any dispute arising out of your use of it is subject to the laws of Queensland, Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of Queensland, Australia for determining any dispute concerning the Terms.

GENERAL

If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches. Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

For questions and notices, please contact us at:

Name: Sailing in Paradise Pty Ltd

ACN: 166 501 622

Email: admin+terms@sailinginparadise.com.au

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Terms of Use