Terms of Use

The following terms of use (Terms of Use) apply to the use of this website (and related Delaware North websites) which are operated by Delaware North under the website www.delawarenorth.com.au (Website). Use of the Website includes accessing, browsing and making bookings for holidays and related activities.

1.

 

YOUR ACCEPTANCE OF THESE TERMS OF USE

1.1

 

A reference to "Delaware North", "we", "us" or "our", in these Terms of Use refers to Delaware North Companies International Ltd, Delaware North Companies Australia Pty Ltd and other Australian and New Zealand-incorporated companies which are part of the Delaware North Group. A reference to "you" or "user" means each and every individual using this Website.

1.2

 

IMPORTANT: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY (available at https://www.delawarenorth.com/privacy), CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.

1.3

 

If these Terms of Use and our Privacy Policy are not acceptable to you, you must not use this Website. Delaware North reserves the right to modify or discontinue this Website and these Terms of Use at any time with or without notice to users.

2

 

INTELLECTUAL PROPERTY RIGHTS AND LIMITATIONS ON USE

2.1

 

This Website is owned and operated by Delaware North and is for the user’s personal, non-commercial use. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you must not in any form, or by any means, modify, adapt, copy, distribute, transmit, retransmit, disseminate, disassemble, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any part of this Website or any information, content, documents, graphics, software, products or services (Materials) obtained from this Website without our written consent.

2.2

 

Notwithstanding the preceding paragraph, you may view this Website content in its present form and may download on any single computer one (1) copy of the Materials for personal, non-commercial home use, provided the user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other web site or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of this Website content may subject the user to civil or criminal liability.

2.3

 

The Materials and this Website are the property of Delaware North, its affiliates or licensors and are protected by local copyright law and international copyright treaties. You agree to comply with reasonable requests by Delaware North to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Website, this Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in this Website. Permission to use the copyrighted content of this Website for commercial purposes must be obtained through the prior written consent of Delaware North. Delaware North may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.

2.4

 

This Website is protected under local trademark law. The trademarks, trade names, logos, service marks, product names and company names (the trademarks) appearing on this Website are registered and unregistered trademarks of Delaware North, its affiliates or licensors. You must not use any trademarks appearing on this Website:

  1. in or as the whole or part of your own trademarks or business name or company name;

  2. in connection with activities, products or services which are not ours;

  3. in a manner which may be confusing, misleading or deceptive;

  4. in a manner that disparages us or our information, products or services (including this Website).

2.5

 

You must not authorise or assist any person to do any of the acts specified above.

2.6

 

Under no circumstances should anything appearing on this Website be construed as granting by implication, estoppel or otherwise any form of licene or authorization to use, reproduce or distribute the trademarks displayed on this Website. Licenses to use trademarks appearing on this Website may be obtained through Delaware North’s prior written consent. However, Delaware North may withhold its consent in its sole discretion. Misuse of trademarks or any Materials comprising this Website is strictly prohibited. By using this Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on this Website. Any copied or downloaded Materials must retain all trademark and service mark notices. Delaware North will strictly enforce its intellectual property rights under the trademark laws.

3.

 

Disclaimers

3.1

 

The Materials published on this Website may include inaccuracies or typographical errors. Delaware North does not warrant or make any representations regarding the use or the results of the use of the Materials in this Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.

3.2

 

Delaware North makes no representations or warranties about the Website or the suitability of the Materials contained on this Website for any purpose and you acknowledge and agree that the Website is provided on an "as is" basis only.

3.3

 

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the:

  1. content on the Website is accurate, complete or up-to-date.

  2. Website will be available; or

  3. Website will be free from infection by viruses or anything else that has contaminating or destructive properties.

3.4

 

The content on the Website (including that provided by third parties), is provided for general information only.  It is not intended to amount to advice on which you should rely.  You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website.

3.5

 

While we endeavour to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

3.6

 

All other warranties, representations or terms having equivalent effect that might be implied by law are excluded to the extent permitted by law, including any warranties as to satisfactory quality or fitness for a particular purpose.

4.

 

YOUR RESPONSIBILITY

4.1

 

You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you.

4.2

 

Without limiting any other provision of these Terms of Use, you must only use this Website for lawful purposes and you must not:

  1. breach or circumvent any laws or third party rights (including intellectual property rights);

  2. engage in any fraudulent activity;

  3. modify, adapt, sell or reverse engineer any part of the Website;

  4. post or transmit any false, inaccurate, misleading, deceptive, defamatory, or libellous content;

  5. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or

  6. harvest or otherwise collect information about users without their consent.

4.3

 

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

5.

 

LIABILITY

5.1

 

Other than in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, neither we nor our affiliates, or their respective directors, officers, employees, agents, contractors, successors or assigns will be liable in contract, tort, equity or otherwise for any damages, costs, loss or liability whatsoever arising or in any way related to your use of this Website, the Materials and/or any other site linked to this Website.  We are not liable for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of this Website (unless it was directly and solely caused by us).  We are also not liable for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our reasonable control.

5.2

 

EXCEPT AS OTHERWISE STATED IN THESE TERMS OF USE, IN NO EVENT WILL DELAWARE NORTH NOR ITS AFFILIATES, OR THEIR RESPECTIVE directors, officers, employees, agents, contractors, successors or assigns BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OF USE, BUSINESS INTERRUPTION, DATA LOSS, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF DELAWARE NORTH HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES.

5.3

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded.  If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods:

    1. the replacement of the goods or the supply of equivalent goods;

    2. the repair of such goods;

    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

    4. the payment of the cost of having the goods repaired; and

  2. if the breach relates to services:

    1. the supplying of the services again; or

    2. the payment of the cost of having the services
      supplied again,

and if item (i) or (ii) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

5.4

 

Otherwise, subject to this paragraph 5, we limit any and all of our liability to AUD$100.

5.5

 

ou indemnify and hold Delaware North and its affiliates and their respective directors, officers, employees, agents, contractors, successors or assigns harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, reasonable legal fees incurred by Delaware North in connection with your violation of a third party’s rights) arising from or related to your use of this Website or your violation of these Terms of Use or any third party’s rights.

6.

 

LINKED WEBSITES

6.1

 

This Website may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by Delaware North of the content contained in such third-party websites. Delaware North does not control or guarantee the accuracy, currency or integrity of the content located on linked third-party websites. Delaware North is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.

6.2

 

Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers' own websites) rests solely with the advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

7.

 

SECURITY

 

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.  Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

8.

 

TERMINATION

 

We reserve the right to immediately, without notice, terminate your ability to use this Website at any time.  We may do so if, in our absolute discretion, you breach any provision of these Terms of Use that apply to you, if you act in a manner contrary to our interests, or for any other reason.  Our limitation of liability and disclaimers survive any termination.

9.

 

AMENDMENTS TO WEB SITE AND TERMS OF USE

 

This Website and the Materials and all terms that govern your use of this Website (including these Terms of Use and our Privacy Policy) are subject to change without notice to you. Any such amendments are effective immediately upon publication on this Website.  It is your responsibility to check this Website regularly for amendments.  Your continued use of this Website following such publication will represent an agreement by you to be bound by those terms as amended.

10.

 

GENERAL

10.1

 

You acknowledge that, in providing the Materials on this Website, Delaware North has relied upon your agreement to be bound by these Terms of Use and our Privacy Policy. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect.

10.2

 

No waiver of any term of these Terms of Use shall be deemed a continuing waiver of such term or any other term.

10.3

 

These Terms of Use shall not be construed or deemed to create any partnership, joint venture, agency, franchise or other form of agreement or relationship than expressly set forth herein.

10.4

 

These Terms of Use and performance hereunder shall be governed by and interpreted in accordance with the laws of Victoria, Australia without regard to conflict of laws provisions, and applied to agreements entered into and completely performed in Australia. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use and  our Privacy Policy shall be an appropriate court of Victoria, Australia. You agree to submit to jurisdiction and venue in any court located in Victoria, Australia.

10.5

 

These Terms of Use and our Privacy Policy constitute the entire agreement between u and Delaware North with respect to use of this Website.

10.6

 

You must not assign or transfer your rights and obligations under these Terms of Use to any other person without our prior written consent.

10.7

 

If you have any questions or comments in relation to these Terms of Use please contact us at pwitchen@delawarenorth.com.