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Tourism Websites Australasia Pty Ltd trading as tourismportdouglas.com.au
Terms and Conditions of Use by all.
1. The Users agree to be bound by these terms and conditions. Tourism Websites Australasia Pty Ltd, in its sole discretion, can vary these terms and conditions at any time without notice.
2. Users will not use this site for any purpose or in any way which is contrary to these terms and conditions.
3. Users warrant that they have not relied on any representation made by Tourism Websites Australasia Pty Ltd which has not been expressly stated in these terms and conditions, or upon any descriptions, illustrations or specifications contained in any document including publicity material produced by Tourism Websites Australasia Pty Ltd or information provided on the Website.
4. Tourism Websites Australasia Pty Ltd accepts no responsibility for the content of any images, advertisements or listings as they appear on the Website. Users acknowledge that Tourism Websites Australasia Pty Ltd has no control over the quality, standard, truth, accuracy, reliability or currency of goods or services listed or advertised.
5. Users acknowledge that Tourism Websites Australasia Pty Ltd may use all intellectual property in material provided by Users of the Website, throughout the world without restriction free of charge.
6. Users warrant that all information they provide to Tourism Websites Australasia Pty Ltd for publication on the Website is accurate, does not breach any law or the rights of any person.
7. Users must not impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity.
8. Nothing on the Website constitutes the giving of financial advice. The information contained on the Website is general only. It does not purport to be comprehensive. Users should not act on the basis of information contained on the site without obtaining qualified professional advice.
9. Tourism Websites Australasia Pty Ltd gives no guarantee of continued availability of any particular product or service advertised or referred to on the Website.
10. The Website may include maps. No warranty is given that a map will be included with every listing and Tourism Websites Australasia Pty Ltd will have no liability if there is no map included with any particular listing.
11. All intellectual property in relation to material included on the Website belongs to Tourism Websites Australasia Pty Ltd or its licensors or advertisers, and Users obtain no interest in that property. Users may not do anything which interferes with or breaches those intellectual property rights (including that the User may not re-use, publish or transmit the map data).
12. These terms and conditions are subject to warranties and liabilities that cannot by law be disclaimed and Tourism Websites Australasia Pty Ltd’ liability for any breach of this type of warranty in relation to supply by it of services to Users is limited to, at Tourism Websites Australasia Pty Ltd’ option, supply of the services again, or the payment of the cost of supplying the services again.
13. Tourism Websites Australasia Pty Ltd will not be liable for any loss or damages (including direct, indirect, consequential, incidental and exemplary):
13.1 if this Website is unavailable to Users (by virtue of interruption, suspension or termination) for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities;
13.2 if there is a deficiency or inaccuracy in the Website attributable to a lack of maintenance of the Website;
13.3 in relation to a notice or advertisement not appearing in accordance with instructions;
13.4 in relation to a person’s reliance on information contained on the Website;
13.5 in relation to the correctness, accuracy, currency, completeness or otherwise of information contained on the Website;
13.6 in relation to the supply of services or products on or in relation to this Website.
14. On using this Website and its services, Users indemnify Tourism Websites Australasia Pty Ltd, its officers, employees and agents against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statue or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, in relation to:
14.1 any activity that is expressed in these terms and conditions to be the responsibility of the User;
14.2 any advertisement placed on the Website or information made available on the Website; or
14.3 a breach of these terms and conditions.
15. Without limiting the application of paragraph 11, Users shall indemnify Tourism Websites Australasia Pty Ltd, its officers, employees and agents in relation to defamation, liable, slander of title, infringement of copyright, infringement of trademarks or names of publication titles, unfair competition, breach of Trade Practices or Fair Trading legislation, violations of rights of privacy, confidential information, licences, loyalty rights or other intellectual property rights.
16. The Website may include links to third party sites which are not related to tourismportdouglas.com.au or Tourism Websites Australasia Pty Ltd and in relation to which Tourism Websites Australasia Pty Ltd has neither any control nor any interest. The appearance of those links on the Website does not indicate any relationship between tourismportdouglas.com.au/ Tourism Websites Australasia Pty Ltd and that third party nor does it indicate any endorsement by
tourismportdouglas.com.au or Tourism Websites Australasia Pty Ltd of that third party or its site.
17. Users acknowledge that all correspondence concluded on the Website and all online and telephone activities of Tourism Websites Australasia Pty Ltd in relation to tourismportdouglas.com.au are made and concluded in Queensland.
18. These terms and conditions shall be governed by the laws of the
state of Queensland. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
19. For the purposes of these terms and conditions:
1. Customer agrees to be bound
These standard terms and conditions are to be read in conjunction with any service agreement (see below) the Customer and Tourism Websites Australasia Pty Ltd may enter into. These standard terms and conditions apply to all Tourism Websites Australasia Pty Ltd agreements.
2. Tourism Websites Australasia Pty Ltd’ right to change the Terms and Conditions at any time
2.1 Tourism Websites Australasia Pty Ltd reserves the right to vary these terms and conditions without notice.
2.2 Tourism Websites Australasia Pty Ltd’ current terms and conditions can be found at our website: www.tourismportdouglas.com.au.
2.3 Tourism Websites Australasia Pty Ltd will notify the Customer of changes to these standard terms and conditions that we believe materially affect the Customer’s service agreement with Tourism Websites Australasia Pty Ltd at the address nominated in the Customer's service agreement. The Customer will be bound by any varied standard terms and conditions upon deemed receipt of the notice. Any non-material changes will apply upon them being posted on our website.
3. Customer Warranty
Customer warrants ownership of or authority to supply all text, trademarks, artworks and other material given to Tourism Websites Australasia Pty Ltd.
4. Licence
Customer grants Tourism Websites Australasia Pty Ltd a licence to copy, display and modify the Customer’s material for the purposes of the service only.
5. No Intellectual Property
No intellectual property rights are created by the Customer’s use of Tourism Websites Australasia Pty Ltd’ service, the tourismportdouglas.com.au site (“Site”) or any partner sites displaying Tourism Websites Australasia Pty Ltd services and/or products.
6. Terms of payment
All payments to Tourism Websites Australasia Pty Ltd must be made in advance according to the terms of the Customer service agreement.
7. Customer’s material to comply with Editorial Policy
Customers agree to comply with Tourism Websites Australasia Pty Ltd’ Editorial Policy which forms part of these standard terms and conditions. Tourism Websites Australasia Pty Ltd may remove, revise or refuse to publish any material supplied by a Customer.
8. Guarantee
Tourism Websites Australasia Pty Ltd does not guarantee the success of any Tourism Websites Australasia Pty Ltd service.
9. Confidentiality of account details
All account information provided by the Customer to Tourism Websites Australasia Pty Ltd will be kept confidential. Tourism Websites Australasia Pty Ltd will use reasonable efforts to keep information Tourism Websites Australasia Pty Ltd has about the Customer secure and ensure that Tourism Websites Australasia Pty Ltd’ employees or agents who have access to information about the Customer do not make unauthorised use, modification, reproduction or disclosure of that information.
10. Copyright and Important Terms and Conditions
10.1 This clause 10.1 and the following subclauses apply to all agreements that provide Customer access to the Tourism Websites Australasia Pty Ltd site.
(a) The Customer agrees to be bound by the following terms and Tourism Websites Australasia Pty Ltd may amend these terms at any time and from
time to time. Amendments will become effective when posted on the Tourism
Websites Australasia Pty Ltd Site or on such later date as Tourism Websites
Australasia Pty Ltd may specify whether or not Tourism Websites Australasia
Pty Ltd gives the Customer specific notice of any particular change. The
Customer should regularly review the terms.
10.2 Copyright (Maps and Map Data)
(a) Where possible, Tourism Websites Australasia Pty Ltd will display a map
showing the location of the Customer’s nominated place of business. While
Tourism Websites Australasia Pty Ltd will make reasonable efforts to ensure
this map is accurate, Tourism Websites Australasia Pty Ltd does not
guarantee its accuracy.
(b) All content and material Tourism Websites Australasia Pty Ltd provides
relating to these maps, including but not limited to, artwork & design,
information and images, are the copyright of Tourism Websites Australasia Pty Ltd.
(c) Except as expressly permitted by these terms and conditions and the Customer service agreement, the Customer may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of Tourism Websites Australasia Pty Ltd.
10.3 Disclaimers
(a) There may be technical inaccuracies, errors, programming bugs or computer viruses in the Site where the Customer’s business information is displayed, or its content. Tourism Websites Australasia Pty Ltd and its respective contractors, employees or agents, make no representations (a) about the accuracy, completeness, currency or suitability of the information, links or other resources provided on the Site (b) that the general public’s access to the Site will be uninterrupted or error-free (c) that the Site or the server/s which store and transmit data to the user is free of viruses or any other harmful components.
(b) Tourism Websites Australasia Pty Ltd takes no responsibility for use of listings in its local search directory (“Directory”) by persons engaged in mass email, spamming activities, denial of service attacks or other like activities.
(c) Except as expressly provided in these terms and conditions, Tourism Websites Australasia Pty Ltd and their contractors, employees or agents exclude: (a) warranties whether express, implied, statutory or otherwise, relating in any way to the Directory or use of the Directory including information accessed at or via the Tourism Websites Australasia Pty Ltd or any partner Site; and (b) liability (including for negligence) to the Customer or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with, any use of the information on, or accessed through, the Site, or any place where Customer data is displayed, for any reason whatsoever.
(d) Where any statute implies any term into the Customer’s use of, or any arrangement arising out of, the use of the Directory and that statute prohibits exclusion of that term, then that term is included. However, to the extent permitted by the statute, Tourism Websites Australasia Pty Ltd and their partners, contractors', employees' or agents ' liability for any breach of such term is limited to the re-supply of the information or links or associated data.
(e) Care has been taken in compiling the Directory. However, as the Directory is compiled using information provided by Customers and a range of other sources, Tourism Websites Australasia Pty Ltd does not warrant or represent that the Directory is free from errors or omissions, duplicate data, that the statements made by or attributed to a party are accurate or that the published address of any party is the address at which a telephone call directed to that party is answered. Please refer any inaccuracies to the attention of our Online Customer Service Centre at info@tourismportdouglas.com.au.com.
10.4 Links to 3rd Party Information and Sites
(a) The Directory contains, among other things, information provided by third parties as well as links to third party websites and/or other third party resources ("Third Party Resources").
(b) All information accessed at or via the Directory is provided 'as is' without any express or implied warranty. Tourism Websites Australasia Pty Ltd and their contractors, employees or agents take no responsibility for the content, Third Party Resources or Internet sites that link from, or to, the Directory and any partner site displaying all or part of the Directory and associated products and services.
(c) Tourism Websites Australasia Pty Ltd does not have a practice of monitoring or making inquiries about the content of Third Party Resources. Tourism Websites Australasia Pty Ltd is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Resources, their content or any products or services which they offer. Content contained on Third Party Resources does not represent the views of Tourism Websites Australasia Pty Ltd.
10.5 Directory Content
(a) The information contained in the Directory is created through various techniques including automatic techniques, with little or no human intervention. Due to the combination of human and automatic index creation and the ever-changing nature of the web, Tourism Websites Australasia Pty Ltd does not and cannot guarantee that the information will be complete or accurate, or that the links associated with any websites will be active at the time of any search.
(b) Tourism Websites Australasia Pty Ltd cannot and does not screen all listings included in the Directory. For these reasons, Tourism Websites Australasia Pty Ltd does not assume any responsibility for the content of any listing included in the Directory, and will not be responsible for any errors or omissions contained in the Directory, or any unlawful, offensive or otherwise objectionable content contained in the Directory.
(c) Tourism Websites Australasia Pty Ltd occasionally receives requests to remove listings from the Directory. Tourism Websites Australasia Pty Ltd reserves the right to address such requests on a case-by-case basis. Such requests should be addressed to info@tourismportdouglas.com.au
10.6 What the Customer is not permitted to do
The Customer will not:
(a) submit to the Directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registered or unregistered) or other rights of any person in any jurisdiction in the world;
(b) submit to the Directory or, if applicable, any website linked to a listing in the Directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(c) submit or otherwise link to the Directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
(d) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Tourism Websites Australasia Pty Ltd or do anything that compromises the security and/or stability of the Site or the Directory;
(e) use the Directory to engage in conduct (including on-line marketing practices) that is misleading or deceptive or likely to mislead or deceive;
(f) use the Directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email;
(g) resell, rent or lease Tourism Websites Australasia Pty Ltd’ Directory as displayed on Tourism Websites Australasia Pty Ltd’ Site or any partner website or use of, or access to, Tourism Websites Australasia Pty Ltd’ Directory as displayed on Tourism Websites Australasia Pty Ltd’ Site or any partner website;
(h) without the express written permission of Tourism Websites Australasia Pty Ltd, take the results from the Directory and reformat and display them;
(i) mirror the Directory’s home page or results pages on any other website; or
(j) data mine send automated queries of any kind to the Site or the Directory without express written permission of Tourism Websites Australasia Pty Ltd.
10.7 Publishers Indemnity Advertising and Editorial
All rights reserved and the content of this publication are copyright and may not be reproduced without the written permission of the publisher, Tourism Websites Australasia Pty Ltd. Tourism Websites Australasia Pty Ltd and their officers hereby disclaim, to the full extent permitted by law, all liability, damages, costs and expenses whatsoever arising from or in connection with copy information or other material included on this site, and errors or inaccurate information used.
It is assumed upon supply of advertising artwork, advertising placements and any related editorial submissions from agreed parties for this website that the material has been correctly suppliers and the suppliers indemnify the publisher against infringement for any third party copyright, trademark, defamation, libel, slander or title, breach of confidence, that the supplied material does not contain any obscene or indecent material, does not infringe the Trade Practices Act or any other laws, regulations or statutes.
Any dispute or complaint regarding placed advertisments must be made within seven days of publication. Inclusion of any third party copy must not be taken as any endorsement by the Publisher.
11. Customer indemnifies Tourism Websites Australasia Pty Ltd
11.1 In addition to and subject to any specific indemnity in an Tourism Websites Australasia Pty Ltd agreement the Customer acknowledges that Tourism Websites Australasia Pty Ltd will not be liable for any indirect or consequential loss or damage (including legal fees and other costs incurred) arising out of or in any way connected with the supply of the service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in an Tourism Websites Australasia Pty Ltd Directory, on Tourism Websites Australasia Pty Ltd’ website or any of its printed material.
11.2 If a Customer signs a credit card debit authority in any agreement the Customer further indemnifies Tourism Websites Australasia Pty Ltd and acknowledges that Tourism Websites Australasia Pty Ltd will not be liable for any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) arising out of or in any way connected to:
(a) a breach by the Customer of the standard terms and conditions including any act, neglect or default by the Customer, its employees, licensees or clients;
(b) any successful claim by any third party against Tourism Websites Australasia Pty Ltd in respect of any matter arising from the operation, use, transfer of data or money to and from Tourism Websites Australasia Pty Ltd by the Customer; or
(c) the Customer’s general conduct.
12. No Customer assignment or transfer of agreement
12.1 The Customer may not assign its rights or obligations under any agreement with Tourism Websites Australasia Pty Ltd without the written consent of Tourism Websites Australasia Pty Ltd.
12.2 Tourism Websites Australasia Pty Ltd may, without requiring the Customer’s consent, assign the benefit of or any of its rights under these terms and conditions.
13. Dispute
13.1 If a dispute arises out of or relates to these standard terms and conditions, or the breach, termination, validity or subject matter of them, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the specific agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (“ACDC”) and in the event that the mediation is unsuccessful to submit the dispute to expert determination.
(a) The mediation shall be conducted in accordance with the ACDC Guidelines
for Commercial Mediation (Guidelines) which are operating at the time the dispute is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved.
The terms of the Guidelines are deemed incorporated into this clause.
(b) In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination in Sydney, New South Wales administered by ACDC conducted in accordance with the ACDC Rules for Expert Determination (Rules), which are operating at the time the dispute is referred to ACDC. The Rules set out the procedures to be adopted, the process of selection of the expert and the costs involved. The terms of the Rules are deemed incorporated into this clause.
(c) The expert shall not be the same person as the mediator.
13.2 This clause shall survive termination of the specific Customer service agreement.
14. Privacy
14.1 The Customer authorises Tourism Websites Australasia Pty Ltd to do certain things without reference to the Customer when the Customer enters into an agreement with Tourism Websites Australasia Pty Ltd. For clarity, Tourism Websites Australasia Pty Ltd will only disclose information that it holds about the Customer:
(a) to the extent specifically required by law; or
(b) for the purposes of the Tourism Websites Australasia Pty Ltd agreement (including disclosing information in connection with any query or claim).
14.2 Tourism Websites Australasia Pty Ltd will collect, use and disclose any personal information in accordance with Tourism Websites Australasia Pty Ltd’ privacy policy which is available for viewing at www.tourismportdouglas.com.au. The Customer acknowledges Tourism Websites Australasia Pty Ltd’ privacy policy and consents to the collection, use and disclosure of personal information in accordance with our privacy policy.
14.3 Despite this clause, Tourism Websites Australasia Pty Ltd does not agree to withhold any information about the Customer that is already in the public domain.
15. Severability of some clauses
If any part of these terms and conditions are unenforceable the remainder will not be affected.
16. Termination
16.1 Either party may terminate this agreement at any time in accordance with the procedure set out in the Customer service agreement.
16.2 If the Customer validly terminates this agreement, it must immediately
pay all fees and charges outstanding and owing up to the date the termination takes effect and the Customer acknowledges that Tourism Websites Australasia Pty Ltd may take legal action to recover fees and charges not paid in accordance with this clause and the Customer service agreement.
16.3 Tourism Websites Australasia Pty Ltd may terminate this agreement immediately and without prior notice to the Customer if the Customer breaches any of these terms and conditions.
16.4 If Tourism Websites Australasia Pty Ltd terminates this agreement accordingly to this clause, then, without affecting any other rights Tourism Websites Australasia Pty Ltd may have, the Customer must immediately pay to Tourism Websites Australasia Pty Ltd all outstanding fees and charges owing under these terms and conditions and incurred up until the date of termination.
17. GST
17.1 “GST” has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Tourism Websites Australasia Pty Ltd’ agreements are inclusive of GST. Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new prevailing rate of GST.
17.2 Tourism Websites Australasia Pty Ltd will issue a tax invoice to the Customer in accordance with any specific terms and conditions in the Customer service agreement.
17.3 The Customer acknowledges that prices are subject to change without notice.
18. Editorial Policy
18.1 Introduction
Tourism Websites Australasia Pty Ltd reserves the right to include or exclude entry to, or remove a business from the Directory and to control the content of a business entry in the Directory according to the following guidelines. Tourism Websites Australasia Pty Ltd has the sole right to control the utilisation of all keywords, category and other material used to describe a business for all purposes relating to the Directory.
18.2 Acceptable Content:
(a) Maintaining and Improving Tourism Websites Australasia Pty Ltd Standards
Tourism Websites Australasia Pty Ltd reserves the right to include or exclude entry to, or remove all listing and advertising information on the Directory based on Tourism Websites Australasia Pty Ltd’ legal and ethical standards. Tourism Websites Australasia Pty Ltd may choose to refuse text, ads, or keywords containing or relating to certain products or services and to refuse or modify material intended for listing on the Directory and on any partner sites, as noted in our terms and conditions.
(b) Correct Use of Trademarks
Trademarks are important business assets that can diminish in value if they are not used correctly. Tourism Websites Australasia Pty Ltd encourages the Customer to utilise trademarks correctly in accordance with IP Australia guidelines.
(c) Support Competitive Claims and Guarantees
If the Customer's ad or text contains comparative language regarding competitors, support for this claim or a guarantee for this claim must be included within the same portion of text as the statement or guarantee.
Example:
Words like “Best”, “Number 1”, etc and should be followed by a supporting statement or source. Words like “Cheapest”, “Fastest” etc should be followed by a performance guarantee such as “Lowest Price in town for mobile phones or we’ll refund the difference”.
(d) Support for Special Offers
If the Customer's ad or text includes a price, special discount, or 'free' offer, it must be clearly and accurately displayed on the Customer's website within 1-2 clicks of the Customer's website’s landing page or on the Customer’s Business Information or listing page within the Directory.
(e) Unacceptable Phrases
The Customer's ad and text must not contain universal call-to-action phrases such as “click here”, “link here”, “visit this business”, “this listing is”, or other similar phrases that could apply to any ad, listing or business, regardless of content, the type of business or its location.
(f) Adult Content
The Customer's ad and/or text may only contain adult content if it is appropriate for general publication and viewing and is considered by Tourism Websites Australasia Pty Ltd to be necessary to convey an appropriate advertising message. Ads containing adult content will be restricted to sections of the Directory that are unambiguously adult in nature. Links to external sites that contain adult content will only be accepted if the landing page of that link is free of adult content and that page includes appropriate warnings regarding the content of subsequent pages.
18.3 Unacceptable Content
Tourism Websites Australasia Pty Ltd may refuse to include or may remove any content on the Directory that it deems to be unacceptable including content that is or has the potential to:
(a) Illegal Material
Be illegal in nature including without limitation information encouraging conduct that would constitute a criminal offence.
(b) Intellectual Property Right Violation
Violate any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registrable, registered or unregistered) or other rights of any person in any jurisdiction in the world.
(c) Offensive Language / Material / Adult Content
Be defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable in any way.
(d) Deceptive or Misleading Material
Be misleading or deceptive or likely to mislead or deceive.
(e) Drugs and Drug References
Contain references to unapproved, banned, illicit or otherwise illegal drugs or pharmaceuticTourism Websites Australasia Pty Ltd.
(f) Gambling and Casinos
Contain information that features or advertises or otherwise lists off-shore or online casinos or gambling services.
18.4 Style and Grammar
Tourism Websites Australasia Pty Ltd reserves the right to control the content of a businesses entry in the Directory according to the following guidelines.
(a) Punctuation
(i) No repeated and unnecessary punctuation or symbols.
(ii) The Customer's title may not contain an exclamation point unless it is part of the Customer's branding (e.g. “Yahoo! Australia & NZ”).
(iii) The Customer's ad or text may not contain any exclamation points.
(b) Capital Letters
(i) The company name will be shown in Proper Case when displayed within the
Directory (e.g. “AUSTRALAIN LOCAL SEARCH”).
(ii) With the exception of the company name, no excessive capitalisation such as “FREE” or “FOR A LIMITED TIME”.
(iii) No capitalisation of any letter within the Customer's displayed URL is permitted.
(c) Repetition
(i) Repetition will be allowed if it is part of a place or registered business name or brand (e.g. “Wagga Wagga”).
(ii) Repetition that is considered by Tourism Websites Australasia Pty Ltd
as gimmicky will not be allowed.
(d) Spelling
(i) Spelling will be Australian Standard English unless as required by the
business name or address information.
(e) Grammar
(i) All content in sentence form must be a logically correct sentence or
phrase.
(ii) Sentences must contain grammatically correct spacing.
(iii) Sentences must contain correct grammar.
(iv) All keyword information must be single or double words separated by a
comma or equivalent character.
(f) Keeping it Concise
(i) Content must keep within the specified text limits.
(ii) Pithy and concise text provides a great user experience and ultimately contributes to the Customer's success.
(g) Text Accuracy
(i) The Customer's text and keywords must directly relate to the Customer's businesses special and regular services.
(ii) Text and links should be kept up-to-date and accurate.
18.5 Specific Keywords Reflecting the Customer's Business
Keywords must be specific and accurately reflect the Customer's business’s area of specialisation and operation.
18.6 Category / Heading Allocation
(a) Tourism Websites Australasia Pty Ltd reserves the right to decide whether, where and how a site is listed in the Directory. If Tourism Websites Australasia Pty Ltd accepts the Customer's listing for inclusion in the Directory, Tourism Websites Australasia Pty Ltd will consider the Customer's preferences, but reserves the right to list the Customer's site in any category or subcategory that Tourism Websites Australasia Pty Ltd deems appropriate in its sole discretion. Once Tourism Websites Australasia Pty Ltd accepts a site for inclusion in the Directory, it reserves the right not to include any specific keywords, comments, or annotations withthe listing.
(b) Tourism Websites Australasia Pty Ltd Tourism Websites Australasia Pty Ltdo reserves the right, in its sole discretion, to remove the Customer's listing from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
18.7 Press Release Regarding Inclusion
Any and all press releases and other public announcements related to the Customer's inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must first be approved in advance by Tourism Websites Australasia Pty Ltd in writing. Tourism Websites Australasia Pty Ltd reserves the right to withhold approval of any public announcement in its sole discretion. No client may use the expression “Tourism Websites Australasia Pty Ltd” or refer to “Tourism Websites Australasia Pty Ltd” without the express written permission of TourismWebsites Australasia Pty Ltd.
18.8 Links
(a) Websites
(i) If the Customer's website (site) is a commercial site, the official business name must be visible to all visitors to the site.
(ii) The linked site must only be for the business against which it is listed.
(iii) The site must clearly define its purpose, products, and/or services.
(iv) The site must contain substantively unique content, as determined by Tourism Websites Australasia Pty Ltd’ editorial staff (for example, a business that submits multiple URLs to the same content is not submittingsubstantively unique content).
(v) If the site is applicable to a specific geographic region, the address
must be visible to any visitor to that site.
(vi) The site must not contain any parts under construction.
(vii) All links on the site must work (and must link to relevant content).
(viii) The site must be in the English language (or have an English version available).
(ix) The site must support multiple browsers and capabilities (e.g., no Java-only sites).
(x) The site must be up and running 24 hours a day, 7 days a week.
(xi) The site link cannot be used for additional advertising.
(xii) The URL must be a complete address including a domain extension (e.g. “.com.au”).
(b) Email Addresses
(i) The displayed email address must be that of the business against which it is listed.
(ii) The email address or link cannot be used for additional advertising.
(iii) The email address must be complete including an “@” and a domain extension (e.g. “.com.au”)
(iv) The email address must work without exception at the time of inclusion and must be maintained accordingly or removed from the site.
(c) No Pop-Ups
(i) Tourism Websites Australasia Pty Ltd is passionate and determined to maintain the user experience on its Directory and on its partner sites. Consequently, websites that open a pop-up when entering or leaving thelinked website’s landing page will not be included.
(d) No Dialers
(i) Tourism Websites Australasia Pty Ltd will not link to any website that is associated with dialers in any way.
(e) No scumware
(i) Tourism Websites Australasia Pty Ltd will not link to any website that is associated with scumware in any way.
(f) Working Back Buttons
(i) In keeping with Tourism Websites Australasia Pty Ltd’ desire to maintain and improve the user experience, Tourism Websites Australasia Pty Ltd requires that the back-buttons on all sites linked to a listing remain functional. Sites that disable, directly or indirectly, the function of theback-button on the user's browser will not be included.
(g) Secure Servers for Collecting User Information
(i) Tourism Websites Australasia Pty Ltd recommends that the Customer use a secure server (i.e. https://) when collecting personal information from users on the Customer's site.
(h) These editorial policy guidelines may be amended by Tourism Websites Australasia Pty Ltd at any time without the need to give the Customer priornotification.
(i) If the Customer breaches any of these editorial policy terms, or any of these standard terms and conditions Tourism Websites Australasia Pty Ltd reserves the right to disable any service the subject of the breach. All payments due under the specific Customer agreement will be due and payable from the date of disabling without set-off or deduction and without prejudice to any rights Tourism Websites Australasia Pty Ltd may have inrespect of the agreement or these terms and conditions.
19. Service of Notices
Notice under any agreement shall be deemed to be served on a party to the agreement if given by mail, facsimile or email to the latest address for service as notified in writing to Tourism Websites Australasia Pty Ltd. If a party’s current address for service changes that party must notify the other party of the change. In the case of service by mail, service shall be deemed to be effected three business days from the date of posting. In the case of facsimile service, service will be deemed to be effected on the date and time as recorded on the facsimile report and the case of email service shall be deemed to be effected on the date and time of transmission of the message by the sender if the message is not rejected. If the Customer wishes to notify Tourism Websites Australasia Pty Ltd about anything in these terms and conditions the Customer should write to Tourism Websites Australasia Pty Ltd at info@tourismportdouglas.com.au.
1. About This Service Agreement
1.1 By this service agreement Tourism Websites Australasia Pty Ltd will provide and the Customer will receive those Premium Products requested by the Customer. The service agreement comprises:
(a) this document containing specific terms and conditions according to which Tourism Websites Australasia Pty Ltd will provide its service to theCustomer; and
(b) Tourism Websites Australasia Pty Ltd’ standard terms and conditions (www.tourismportdouglas.com.au; and
(c) the invoice and attachments (if any).
1.2 The Customer acknowledges it has read and understood Tourism Websites
Australasia Pty Ltd’ standard terms and conditions and accepts and agrees to be bound by the service agreement upon the Customer making any paymentto Tourism Websites Australasia Pty Ltd.
1.3 Where the standard terms and conditions are inconsistent with this agreement, this agreement will prevail to the extent of the inconsistency.
1.4 This agreement will commence on the first payment date.
2. Warranty
The Customer warrants it has full authority to enter into this agreement.
3. Customer's Material
3.1 The Customer warrants that all the Customer material is accurate.
3.2 If any of the Customer’s material changes during the term or any follow-on term the Customer must notify Tourism Websites Australasia Pty Ltd in writing and request Tourism Websites Australasia Pty Ltd to modifythe service to account for the changes.
3.3 If Tourism Websites Australasia Pty Ltd agrees to modify the service then Tourism Websites Australasia Pty Ltd:
(a) may charge a further set-up fee and alter its charges to the Customer; and
(b) will notify the Customer of any adjustment in the set-up fee and charges.
3.4 Tourism Websites Australasia Pty Ltd:
(a) takes no responsibility for the currency of any of the Customer’s
material; and
(b) subject to clause 9, is not liable to the Customer for any error or omission in the Customer’s material.
4. Term
The Anniversary date of the first term begins on the date the customer's listing becomes "live". At the end of the initial term this agreement will automatically continue for successive follow-on terms unless and until itis terminated in accordance with clause 10.
5. Fees And Charges
5.1 The Customer must pay:
(a) the set-up fee on the first payment date and each payment date to which clause 3.3(a) applies; and
(b) the charges for the service on each payment date.
5.2 Tourism Websites Australasia Pty Ltd will notify the Customer of any increase- in the charges.
5.3 Tourism Websites Australasia Pty Ltd will not make more than one increase of charges in each term.
5.4 The limitation in 5.3 does not apply if a Customer requests additional services.
5.5 An increase in the charges due to an increase in the GST rate will not
offend clause 5.3.
5.6 The Customer must pay the subscription fee to Tourism Websites Australasia Pty Ltd.
6. Authorisation
6.1 If the Customer does not pay the set-up fee or the charges by cheque or
cash, the Customer authorises Tourism Websites Australasia Pty Ltd to either:
(a) debit the Customer’s credit card account for the set-up fee and charges; or
(b) deduct the set-up fee and charges from the suspense account when such payments are due.
6.2 The Customer may change or cancel the arrangement under a credit card
debit request by notifying Tourism Websites Australasia Pty Ltd in writing at least 14 days before the next payment date.
6.3 If the Customer cancels the credit card debit request, the Customer must, at the same time as notice is given to Tourism Websites Australasia Pty Ltd of the cancellation, elect an approved substitute form of paymentfor the service, being any of the following:
(a) funds transfer into the suspense account;
(b) cheque;
(c) cash; or
(d) alternative Customer’s credit card account.
and must ensure sufficient funds are available to pay for the service on the next payment date.
7. Default
If at any time during the initial term or follow-on term there are insufficient funds in the Customer’s credit card account or the suspense account (as the case may be) to cover the set-up fee or charges when they are due, or any cheque provided by the Customer is dishonoured or reversed, the Customer is in breach of this agreement and Tourism Websites Australasia Pty Ltd may without notice to the Customer and without affecting any other rights Tourism Websites Australasia Pty Ltd may have
(a) terminate this agreement according to clause 10; and/or
(b) disable the service.
8. Tourism Websites Australasia Pty Ltd's Warranty
Tourism Websites Australasia Pty Ltd does not warrant that the Customer’s listing on the Tourism Websites Australasia Pty Ltd Local Search Results (to which the Premium Products will be applied) will be published or continue to be published on any internet site that is not a distribution partner of in Tourism Websites Australasia Pty Ltd during the initial term or during any follow-on term; and the Customer acknowledges that
(a) the failure of an internet site to publish or continue to publish the Customer’s listing and the Premium Products will not affect the parties’rights and obligations in this agreement; and
(b) Tourism Websites Australasia Pty Ltd is not liable to the Customer for any claim for loss or damage arising from the publication or non-publication of the Customer’s listing and the Premium Products on suchinternet sites.
(c) Tourism Websites Australasia Pty Ltd retains the right to change its distribution partners from time to time and gives no guarantee that the Customer’s Listing will be distributed by any particular distributionpartner for the entire length of the initial term or any follow-on term.
9. Liability And Customer's Indemnity
9.1 If Tourism Websites Australasia Pty Ltd is the cause of any error or omission in the Customer’s material and the Customer suffers loss or damage as a result, Tourism Websites Australasia Pty Ltd’ maximum liability to the Customer will be so much of the set-up fee and charges for the remainder of the period of the initial term or follow-on term during which the error or omission was displayed, calculated from the date of the error or omissiongiving rise to the suffered loss or damage.
9.2 The Customer indemnifies Tourism Websites Australasia Pty Ltd against all actions, claims demands, costs, damages, expenses and liabilities (including legal costs on a solicitor and own client basis) relating to or arising from the performance by Tourism Websites Australasia Pty Ltd of its obligations under this agreement, except to the extent that clause 9.1applies.
9.3 Under no circumstances will Tourism Websites Australasia Pty Ltd be liable for special, indirect or consequential loss or damage
10. Terminating This Agreement
10.1 This agreement may be terminated in the following ways:
(a) at any time the Customer and Tourism Websites Australasia Pty Ltd agree;
(b) by one (1) month’s written notice from either party to the other during the follow-on term;
(c) by Tourism Websites Australasia Pty Ltd without notice if
(1) the Customer (being an individual) is declared bankrupt; or
(2) the Customer (being a corporation) is wound up or placed in liquidation; or
(3) clause 7 is invoked at which time all outstanding charges will be immediately due and payable.
11. GST
11.1 The parties acknowledge that the set-up fee charges are inclusive of GST and are based on a GST rate of 10%.
11.2 If the rate of GST changes, charges and any further set-up fee will simultaneously change to reflect the new GST rate, from which date the Customer will be liable to pay the changed charges and (if applicable)further set-up fee.
12. Assignment
12.1 Tourism Websites Australasia Pty Ltd may assign its rights under this agreement to any third party without the Customer’s consent.
12.2 If Tourism Websites Australasia Pty Ltd assigns its rights under this agreement, the Customer must sign any document reasonably required byTourism Websites Australasia Pty Ltd pursuant to any such assignment.
12.3 The Customer may not assign any of its rights or obligations under this agreement.
13. Notice
13.1 Any notice to be served under this agreement must be served personally by post, facsimile or email to the Customer at the address listed on theinvoice.
13.2 Any notice to be served under this agreement must be served personally by post, facsimile or email to Tourism Websites Australasia Pty Ltd at:
6 Grant Street, Port Douglas, QLD, 4877 email: info@tourismportdouglas.com.au.com.au
Attention: Managing Director
13.3 Notice served according to this clause is served at the earliest time if it is served more than once.
14. Governing Law
This agreement is governed by the laws of Queensland.
15. Recognition of Print Advertising
15.1 Tourism Websites Australasia Pty Ltd may present advertisements of businesses that Tourism Websites Australasia Pty Ltd advertise in Newsport Corporation Pty Ltdin a different position and in a different format to that of other advertisements.
15.2 This variance in presentation is solely at the discretion of Tourism Websites Australasia Pty Ltd and advertisers may assume no right of entitlement to this based on their newspaper advertising. Tourism Websites Australasia Pty Ltd may choose to apply this variance in presentation to some newspaper advertisers but not to others and may alter the duration ofany such variance in presentation at its discretion.
16. Interpretation
In this agreement, where the context permits
16.1 In this agreement where the context permits:
(a) “person” includes a corporation;
(b) the singular includes the plural and vice versa;
(c) a reference to one gender includes a reference to all other genders;
(d) headings to clauses are included for the sake of convenience only and do not affect the meaning of the clauses to which they relate;
(e) “month” means calendar month;
”Tourism Websites Australasia Pty Ltd means Tourism Websites Australasia Pty Ltd, each of its related body corporates and each of their officers, employees and agents.
“charges” means the charges for the service payable in advance by the Customer in accordance with the invoice sent to the customer;
“Customer” means the party on the invoice supplied;
“Customer’s material” means the material supplied by the Customer to enable Tourism Websites Australasia Pty Ltd to provide the service;
“Customer’s credit card account” means the account nominated in this agreement or any substitute credit card account from which Tourism Websites Australasia Pty Ltd is authorised under this agreement to debit the set-upfee and charges;
“follow-on term” means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the precedingfollow-on term, as the case may be;
“initial term” is the period described in the invoice;
“payment date” means:
(a) in relation to the initial term, the date of receipt by Tourism Websites Australasia Pty Ltd in cleared funds of the Customer’s payment ofthe set-up fee and charges; and
(b) in relation to the follow-on term, the first day of the follow-on term being the date on which the then applicable charges and any further set-upfee are due and payable; and
“Premium Products” means those products or services listed on the invoice which enhance the Customer’s listing on the Tourism Websites AustralasiaPty Ltd Local Search Results published on the internet.
“service” means such of the Tourism Websites Australasia Pty Ltd Premium Products requested by the Customer as indicated in the invoice to beprovided for / on behalf of the Customer from time to time;
“set-up fee” means (subject to clause 3.3 of this agreement) the non-refundable fee payable by the Customer to Tourism Websites Australasia PtyLtd to enable the service;
“standard terms and conditions” means Tourism Websites Australasia Pty Ltd’ standard terms and conditions available at www.tourismportdouglas.com.au. (as varied from time to time), which together with these definitions, the invoice, attachments (if any) and thespecific terms and conditions form this agreement;
“subscription fee” means the amount in the invoice that the Customer must pay in advance on account of the total fees and charges payable in the initial term and which Tourism Websites Australasia Pty Ltd will place inthe suspense account.
“suspense account” means the account operated by Tourism Websites Australasia Pty Ltd in its own name at a financial institution nominated byTourism Websites Australasia Pty Ltd
(a) into which the Customer has authorises Tourism Websites Australasia Pty Ltd to deposit the subscription fee Customer’s payments ; and(b) from which the Customer authorises Tourism Websites Australasia Pty Ltd to withdraw all set-up fees and charges payable by the Customer under thisagreement. “Users” means users of the Website and, where appropriate, advertisers on the Website“Website”means the website owned and operated by or on behalf of Tourism Websites Australasia Pty Ltd which is branded as tourismportdouglas.com.au