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TERMS OF USE & DISCLAIMER
Welcome to Airliebeach.com. Airliebeach.com is
operated by A & L Laurent Pty Ltd (ACN 089 831 792). Your
access to this and any other Airliebeach.com sites is subject to
our "Terms of Use" & "Privacy Policy"
as outlined in this document and throughout our sites.These terms
of use apply to all users of the Airliebeach.com sites both in
Australia and overseas.
Agreement
By accessing the information, products and services contained
in our site you agree to be bound by the terms and conditions
of our Agreement. The terms and conditions of this Agreement may,
from time to time, change. Upon each occasion that the terms and
conditions of the Agreement change there will be a notification
on our site for 30 days. If you have not accessed our site for
more than 30 days it is your responsibility to revisit and enquire
about any change to these terms and conditions. By continuing
to access the information, products and services contained in
our site you will have by doing so indicated that you have agreed
to the terms and conditions prevailing from time to time.
What you MUST do·
You must use all Airliebeach.com sites in a responsible manner.
· If you are under 18 years of age, you must obtain a parent/guardian's
consent prior to using any Airliebeach.com site.
What you MUST NOT do
1. Use Airliebeach.com sites for any activities or post or transmit
to or via any Airliebeach.com sites any information or materials
which breach any laws or regulations, infringe a third party's
rights, or are contrary to any relevant standards or codes;
2. Use Airliebeach.com sites in a way or post to or transmit to
or via any Airliebeach.com sites any material which interferes
with other users or defames, harasses, threatens, menaces, offends
or restricts any person or which inhibits any other user from
using or enjoying any Airliebeach.com site
3. Use Airliebeach.com sites to send unsolicited electronic mail
messages to anyone;
4. Make any fraudulent or speculative enquiries, bookings, reservations
or requests using Airliebeach.com sites;
5. Use any other persons or entity's name or details without permission;
6. Post, or transmit via Airliebeach.com sites, any obscene, indecent,
inflammatory or pornographic material or material that could give
rise to civil or criminal proceedings;
7. Tamper with, hinder the operation of or make unauthorised modifications
to Airliebeach.com sites;
8. Knowingly transmit any virus or other disabling feature to
Airliebeach.com sites
9. Attempt any of the above acts or permit another person to do
any of the above acts.
Third-Party Products, Services & Content
Some of the products and services offered for sale or advertised
and some of the information provided on Airliebeach.com sites are
the products, services and information of third parties.
The third party products, services and information are not provided
or endorsed by us and your legal relationship is with the third
party supplier.
We have not checked the accuracy or completeness of the information
or the suitability or quality of the products and services of
any third parties. You must make your own enquiries with the relevant
third party supplier direct before relying on the third party
information or entering into a transaction in relation to the
third party products and services supplied via Airliebeach.com
sites. You should check with the third party supplier whether
there are additional charges and terms, which may apply.
We may receive fees and/or commissions from third parties for
goods and services of such third parties displayed or made available
on Airliebeach.com sites or accessible through a hyperlink on Airliebeach.com
sites. You acknowledge and consent to us receiving the fees.
All prices displayed and products and services offered for supply
on any Airliebeach.com sites are subject to change without notice.
Confidentiality
The Internet is not completely secure and while Airliebeach.com
sites use their best endeavours to ensure that your information
remains confidential (including the use of advanced encryption
technology) there remains a possibility that unauthorised persons
could intercept information you provide. By accessing our site,
you accept the terms of our privacy policy, which are displayed
on all sites and incorporated herein.
Indemnity
You agree to indemnify us and our officers, employees, agents
and related bodies corporate from and against all actions, claims,
suits, demands, damages, liabilities, costs or expenses arising
out of or in any way connected to the use of any Airliebeach.com
site by you or anyone using your name and details.
Disclaimer & Limitation of Liability
The Trade Practices Act and similar State and Territory Legislation
in Australia and in New Zealand, except where goods or services
are acquired for business purposes, the Consumer Guarantees Act
1993 (NZ), may confer rights and remedies on you in relation to
the provision by Airliebeach.com of goods or services on Airliebeach.com
sites which cannot be excluded, restricted or modified ("Non-excludable
Rights"). Airliebeach.com sites do not exclude any non-excludable
rights but does exclude all other conditions and warranties implied
by custom, law or statute.
Except as provided for by the Non-Excludable Rights:-
All Content is provided "as is" and without warranties
of any kind, either express or implied.
Airliebeach.com and its suppliers expressly disclaim all warranties
of any kind including but not limited to implied warranties of
merchantability and fitness for a particular purpose
Airliebeach.com does not warrant that the functions contained in
any content or any communications facility or your access to any
Airliebeach.com site will be uninterrupted or error-free, that
any defects will be corrected or that any Airliebeach.com site
or the server which stores and transmits content to you are free
of viruses or any other harmful components.
Airliebeach.com does not warrant or make any representation regarding
your access to, or the results of your access to, any Airliebeach.com
site (including any related or linked websites) or any content
in terms of correctness, accuracy, timeliness, completeness, reliability
or otherwise, so YOU MUST seek professional advice for your own
particular situation before relying on or modelling from any content
posted on any Airliebeach.com web site.
You expressly acknowledge and agree that Airliebeach.com does not
exert control over users of Airliebeach.com sites (including individuals
referred to on Airliebeach.com sites as guests and experts) and
is not liable for their opinions whatsoever or for their behaviour
including any information and/or advice and any defamatory statements
or offensive conduct.
To the fullest extent permitted by law, Airliebeach.com's
liability for breach of any implied warranty or condition, which
cannot be excluded, is limited at the option of Airliebeach.com
to the following:-
Use of Your Information & Material when you send us any feedback,
suggestions, ideas or other materials in relation to or via Airliebeach.com
sites, you agree that we can use, reproduce, publish, modify,
adapt and transmit them to others free of charge and without restriction,
subject to our obligations in our Privacy Policy.
Trademarks
All trademarks displayed or referenced on Airliebeach.com sites
are trademarks of their respective owners and nothing contained
within Airliebeach.com sites should be construed as granting any
licence or right of use of any trademark.
Links to Third Party Web Sites, Advertising and eCommerce
Airliebeach.com sites may contain hyperlinks and other pointers
to Internet websites operated by third parties. These linked websites
are not under the control of Airliebeach.com, and Airliebeach.com
is not responsible for the contents of any linked web or any hyperlink
contained in a linked website. Airliebeach.com provides these hyperlinks
to you as a convenience only, and the inclusion of any link does
not imply any endorsement of the linked website by Airliebeach.com
or its Affiliates. You link to any such website entirely at your
own risk. Airliebeach.com sites may also contain third party advertisements
(including banner ads and full page advertisements), which contain
embedded hyperlinks, or which include referral buttons to websites
operated by third parties or their licensees or contractors. All
third party advertising (including referral buttons and embedded
hyperlinks) is paid for by the relevant third party advertisers
and are not recommendations or endorsements by Airliebeach.com
or its Affiliates or their respective directors or employees.
You are referred to the relevant advertiser for all information
regarding the advertiser and its products and/or services.In some
instances, the advertisement will contain representations or offers
by the third party advertiser which you can accept by linking
to the advertiser's website and executing the relevant transaction.
Such offers are not made by Airliebeach.com, and the third party
advertiser is solely responsible to you for the delivery of any
goods or services you purchase on the third party website.
Copyright & Restrictions on Content Usage
All information, text, material, graphics, software and advertisements
("Content") on all Airliebeach.com Sites are Copyright
© 2001 - 2003 Trading Name Pty Ltd, its suppliers and/or
licensors unless expressly indicated otherwise. The Content is
protected by Australian and international copyright and trademark
laws. Content on all Airliebeach.com sites is published in real-time,
and you must not print, modify, copy, reproduce, republish, frame,
upload to a third party, post, transmit or distribute this Content
in any way except as expressly provided for or expressly authorised
in writing by Airliebeach.com. Strictly on the condition that you
keep all Content intact and in the same form as presented on an
Airliebeach.com site (including without limitation all copyright,
trademark and other proprietary notices and all advertisements),
you may, using an industry-standard Web browser, print selected
Content for your own personal, non-commercial use. You must not
use any Airliebeach.com site or Content in any manner or for any
purpose which is commercial, for profit or monetary gain, unlawful
or in any manner which violates any right of Airliebeach.com or
which is prohibited by the Terms of Use.
Changes
We may vary any of these Terms of Use at any time. We will give
notice of any variations to users of Airliebeach.com sites by posting
the revised Terms of Use on the home page of the relevant Airliebeach.com
site. Your continued use after such notice will constitute acceptance
of the variation.
General Matters
This agreement is governed by the laws in force in all the States
of Australia and New Zealand, and the parties irrevocably submit
to the non-exclusive jurisdiction of the courts of NSW, QLD, VIC,
WA, ACT, NT in Australia and jurisdiction of the courts of NZ
and courts of appeal from them for determining any dispute concerning
this agreement. If any of these Terms of Use are invalid or unenforceable,
it will be struck out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of these Terms
of Use, this does not waive our right to act with respect to subsequent
or similar breaches.
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