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Privacy Statement/Disclaimer |
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SPAM Act 2003 In Australia, spam is defined as ‘unsolicited commercial electronic messages’. New Australian legislation relating to spam – the Spam Act 2003 – came into affect on 10 April 2004. Consumer and business information can be obtained on all aspects of 'spamming' and the cooperative effort being undertaken by Australian government, business and the IT industry to control this problem at: http://www.aca.gov.au/consumer_info/spam/informationforbusiness.htm
The Site and its Use The Travelmakers web site is owned and provided by Travelmakers Pty Ltd from its offices in Canberra in the Australian Capital Territory, Australia. For purposes herein, Travelmakers Pty Ltd and its subsidiaries and affiliated companies are collectively referred to as "Travelmakers." The applicable Web site or sites are referred to herein as the "Site." Each Site is provided for your personal information and non-commercial use. Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offence, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Travelmakers prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Travelmakers' opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Site contains information and materials,
including but not limited to, text, software, photos, video, graphics
and audio, (collectively "Materials")
which are derived in whole or in part from information and materials
supplied by Travelmakers and other sources, and are protected by international
copyright, trademark and other laws and the entire content of the Site
is copyrighted as a collective work under the Australian Copyright Laws.
Travelmakers owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the rights in,
or license to use, the individual components of such content. Materials
may not be copied, reproduced, republished, modified, uploaded, posted,
transmitted or distributed in any way or decompiled, reverse engineered
or disassembled, including but not limited to the text, images, audio
and/or video, as well as any software (including but not limited to any
images or files incorporated in or generated by the software or data
accompanying such software), except that you may download one copy of
the Materials on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright, trademark and other
proprietary notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials
and by your use of the Site, you acknowledge that you do not acquire
any license, ownership or other rights to the Materials. Modification
of the Materials or use of the Materials for any other purpose is a violation
of Travelmakers or such other sources' copyright, trademark and other
proprietary rights and may violate other laws. The use of any such Materials
on any other Web site or networked computer or environment is prohibited
without Travelmakers express written consent. If you breach any of these
Terms, your authorization to use the Site automatically terminates and
you must immediately destroy any downloaded or printed Materials. Disclaimer THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. TRAVELMAKERS ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. TRAVELMAKERS
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE
(INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY
MATERIALS FROM THE SITE. Third-Party Sites Travelmakers may provide as a convenience
to you, links to Web sites operated by other entities and persons, but
makes no representations
whatsoever about any other Web site which you may access through this
one. Any link to a non-Travelmakers Web site does not mean that Travelmakers
endorses or accepts any responsibility for the content, or the use of
such Web site. If you use these sites, you do so at your own risk. Travelmakers
makes no warranty or representation regarding, and does not sponsor or
endorse, any linked Web sites or the information or materials appearing
thereon or any of products and services described thereon. Furthermore,
links do not imply that Travelmakers is affiliated or associated with,
or that any linked site is authorized to use any trademark, trade name,
logo, or copyright of Travelmakers. Third Party Content Any opinions, statements, services,
offers or other information or content expressed or made available in
the Site by any third party are those
of the respective author's or distributor's and not of Travelmakers. Limitation of Liability Your use and browsing of the Site
is at your risk. If you are dissatisfied with any of the Materials contained
in the Site, or with any of these
Terms, your sole and exclusive remedy is to discontinue accessing and
using the Site. UNDER NO CIRCUMSTANCES WILL TRAVELMAKERS, ITS SUPPLIERS OR OTHER THIRD
PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION,
COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS,
AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY
TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE
SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING
BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE;
ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION;
DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION
LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT TRAVELMAKERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TRAVELMAKERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS,
OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. Travelmakers' obligations and responsibilities regarding its products
and services are governed solely by Travelmakers' terms and conditions
of sale or license under which such products and services are sold or
licensed. Copies of such terms and conditions are available on application
from Travelmakers. Information Provided By You It has been and remains Travelmakers' policy not to accept or consider ideas, suggestions or materials other than those that Travelmakers has specifically requested from you. Accordingly, Travelmakers does not want you to, and you should not, send any confidential or proprietary information to Travelmakers through the Site unless specifically requested by Travelmakers. Please note that any unsolicited information or material sent to Travelmakers will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to Travelmakers (or warrant that the owner of such information and material has expressly granted to Travelmakers) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Travelmakers is free to use any ideas, concepts, know-how, or techniques that you send Travelmakers for any purpose. As further provided above, Travelmakers does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Travelmakers that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload,
post or otherwise make available on the Site any information and material
protected by copyright, trademark or other proprietary
right without the express written permission of the owner of such right's.
You shall be solely liable for any damages resulting from any infringement
of copyright, proprietary rights, or any other harm resulting from such
a submission. Changes Travelmakers reserves the right, in its sole discretion,
to revise these Terms at any time and correct any errors or omissions
in any portion
of the Site and Materials. Materials may also be changed, modified, added,
or removed and updated without notice at any time; however, Travelmakers
is under no obligation to update Materials. Travelmakers may also make
changes in the products, services, programs, or prices (if any) described
in the Site at any time without notice. Your continued use of the Site
after any change Travelmakers makes to the Site will be considered acceptance
of those changes. You should revisit these Terms from time to time to
review the then-current Terms because they are binding on you. Linking to Site: Anyone linking to the Travelmakers Site must comply with
Travelmakers guidelines for linking to the Travelmakers Site and all
applicable
laws. International Users The Site is administered by Travelmakers
from its offices in Canberra, Australian Capital Territory, Australia.
Materials published at the
Site may refer to products, programs, or services that are not available
in
your country. Consult Travelmakers directly in this regard. Furthermore,
Travelmakers makes no representation that the Materials at the Site
are appropriate or available for use at other locations outside of the
Commonwealth
of Australia and access to them from territories where their contents
are illegal is prohibited. You may not use the Site or export information
and materials in violation of the export laws of the Commonwealth of
Australia or any other country. If you access the Site from a location
outside of the Commonwealth of Australia, you are responsible for compliance
with all applicable laws. Governing Law These Terms shall be governed by the laws of the Australian Capital Territory and The Commonwealth of Australia, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute
the entire agreement between Travelmakers and you with respect to your
use of the Site. Any cause of action you may
have with respect to your use of the Site must be commenced within
six (6) months after the claim or cause of action arises. Privacy: Overview Travelmakers is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site. Information About Travelmakers On-Line Visitors You can visit Travelmakers on the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In general, we gather information about users of the Site collectively in order to determine, for example, which areas users access more frequently and which products users access the most. This information helps us to determine what is most beneficial for our users, and how we can continually create a better overall experience for our users by improving the content of the Site. There are times however, when we may need information from
you, such as your name and address. Customarily, the personal information
Travelmakers
obtains is used only to respond to inquiries, to process orders, product
registration or to allow the user to access specific account information.
We may also ask you to voluntarily provide us with information for
market research such as, your interests, demographics, and experience
with our
products. Occasionally, we may make the e-mail addresses of those who
provide information available to other reputable organizations whose
products or services we think you may find interesting. However, we
will only provide email addresses of those who "opt-in" or
elect to be a part of this service. Cookies There is a technology called "cookies" which
is an element of data that a Web site can send to your browser which
may then store
on your system. Some Site pages use cookies so that we can better serve
you when you return to our Site. You can set your browser to notify
you when you receive a cookie, giving the chance to decide whether
to accept
it. "SPAM" - email and SMS protocols Travelmakers attempts to comply with
the best standards of corporate governance by NOT performing unsolicited
phone, FAX, email and/or SMS
messages or promotions transmissions. Travelmakers uses an "opt-in" system
where only those clients or other interested parties who elect to receive
Travelmakers promotions, specials or other types of travel advisories
or participate in Travelmakers market research, may be sent them using
the transmission methods described above. Anyone electing to "opt-in" may "opt-out" at
any time. Web Site Links The Travelmakers Site may contain links
to other Web sites such as Quickbeds.com, Qantas, British Airways, etc.
While Travelmakers tries
to link only to
sites that share its high standards and respect for privacy, Travelmakers
cannot take responsibility for the content or the privacy practices
employed by other sites. Changes If at anytime Travelmakers changes its privacy commitment,
Travelmakers will post those changes here so that you will know what
information
Travelmakers gathers and how Travelmakers might use that information. updated: 05-Sep-2004 |
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© 2005
Travel Makers | Privacy
Statement/Disclaimer | ABN 25 207 658 622 |
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