Terms of Use

1. Introduction

(a) In these terms of use, we or us means Tourism Australia.

(b) Please read these terms of use carefully as they apply to your use of this internet site (site). By using this site you agree to be bound by these terms of use.

(c) We may revise these terms of use from time to time by updating this posting. The revised terms will take effect when they are posted.

(d) Your use of some parts or features of the site may be governed by additional terms of use. Where this is the case you will be notified accordingly, and those additional terms of use:

  (i) will apply to your use of such parts of the site or features in
  addition to these terms of use; and

  (ii) will prevail over these terms of use to the extent of any
  inconsistency.

2. Intellectual Property Rights

(a)You acknowledge that the content on the site is subject to copyright and possibly other intellectual property rights. In these terms of use, content includes things that you may see, read, hear, download or access on or via the site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

(b) Unless you are expressly authorised by law you must not yourself participate in, or permit any other person, to:

  (i) sell, reproduce, distribute, modify, display, publicly perform, prepare
  derivative works based on, repost or otherwise use any of the content
  in any way for any public or commercial purpose without
  our prior written consent; or
  (ii) otherwise infringe the intellectual property rights of any person in
  using the site or any content.

(c) Nothing you do on or in relation to the site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.

(d) You agree that the Aussie Specialist logo, our marketing logo “Australia” and our corporate logo “Tourism Australia” are our trademarks. All rights in these trademarks are reserved by us. All other trademarks appearing on our site are the property of their respective owners.

(e) Maps that are presented

3. Content of the Site

(a) We attempt to keep the content of the site up to date. However, we do not warrant the accuracy or currency of the content.

(b) You acknowledge that the content on the site is liable to change at any time.

(c) Some of the content on the site, including articles, sponsorships and promotions, constitutes paid advertising. This means that Tourism Australia may have received a payment or other benefit in return for publishing or disseminating the article on the Tourism Australia website. Such articles, sponsorships or promotions have not been independently verified by Tourism Australia and Tourism Australia does not endorse or otherwise approve their contents.

4. Your Use of the Site

(a) You must not:

  (i) disrupt or interfere with the site or servers or other software,
  hardware or equipment connected to or via the site;
  (ii) reproduce any content from our site without our express written
  permission, which we may withhold or grant (on terms
  acceptable to us), in our absolute discretion;
  (iii) violate any Applicable Law relating to your use of the Site; or
  (iv) collect or store personal data about other users of the Site.

(b) In these terms of use, applicable law in relation to any person, action or thing means the following in relation to that person, action or thing:

  (i) any law, rule or regulation of any country (or political sub-division
  of a country);
  (ii) any obligation under any licence in any country (or political
  sub-division of a country); and
  (iii) any lawful and binding determination, decision or direction of a
  regulator in any country (or political sub-division of a country).

5. Links, Downloads, Plug-ins, Features and Advertisements

(a) We have not reviewed all of the sites, downloads, plug-ins, features or advertisements linked to this site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to us.

(b) You agree that you will not misuse any downloadable Content included on the Site(s), including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content on another website or making misleading or false representations about the Content, unless expressly authorised by Tourism Australia.

(c) Your correspondence or dealings with, or participation in promotions of, advertisers on the site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the site.

(d) Some of the content on the site, including articles, sponsorships and promotions, constitutes paid advertising.

This means that Tourism Australia may have received a payment or other benefit in return for publishing or disseminating the article on the Tourism Australia website. Such articles, sponsorships or promotions have not been independently verified by Tourism Australia and Tourism Australia does not endorse or otherwise approve their contents.

6. Cookies

(a) During your use of the Site, we may issue to and request from your device blocks of data known as “cookies”. We use cookies to enable the website to work more efficiently and to provide us with information about your activities on the Site. Our cookies will not allow us to obtain information of a personal nature that will identify you to us, such as your name and address. We will only be aware of such information if you provide the information to us, or you have set the preferences in your browser to provide this information automatically. Details of the cookies we use on the Site are as follows:

(i) cookies that are essential in order to enable you to move around the Site and use its features;
(ii) cookies that collect information about how visitors use the Site, for instance which pages visitors go to most often. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Site works. By using this Site, you agree that we can place these types of cookies on your device. Your web browser may allow some control of most cookies through your browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please note that you may delete and block all cookies used by this Site, but if you do so parts of the site may not work.

7. Use of the Site Is At Your Risk

(a) Subject to paragraph (b), you use the site at your risk and everything on the site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any applicable law.

(b) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

(c) 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, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.

8. Registration

(a) In order to access and use some sections of this site you must become a registered user. To become a registered user you must complete your registration details in the manner described on the website. Registration is free but non-transferable. You agree to provide true, accurate and complete information about yourself as prompted by the registration form.

(b) We will not accept any request to register a user account that we suspect is being made by or on behalf of a user who has been suspended from the Site(s) for breach of these Terms of use or has been suspended as a user/user of another website for vexatious, illegal or inappropriate comments/contributions.

(c) You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to:

(i) immediately notify us of any unauthorised use of your password or account or any other breach of security; and

(ii) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account.

(d) We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

9. Limitation of Liability

(a) To the extent permitted by law our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at our sole discretion:

  (i) In the case of goods any one or more of the following:
     (A) the replacement of the goods or the supply of equivalent goods;
     (B) the repair of the goods;
     (C) the payment of the cost of replacing the goods or of acquiring
     equivalent goods; or
     (D) the payment of the cost of having the goods repaired; or

  (ii) in the case of services:
     (A) the supply of the services again; or
     (B) the payment of the cost of having the services supplied again.

(b) To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

(c) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

10. Disclaimer of Liability

(a) To the extent permitted at law, we do not accept any responsibility or liability for any statement in the material on www.australia.com or for any loss caused as a result of your doing, or not doing, anything as a result of viewing the material. You must not rely on any statement we have published on www.aussiespecialist.com, www.australia.com or www.tourism.australia.com without first taking specialist professional advice.

11. Privacy Policy

(a) Registration information and other information about you is subject to our External Privacy Policy. You understand that through your use of the Site(s) you consent to the collection and use (as set forth in the Privacy Policy) of this information.

12. General Provisions

(a) If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) These terms of use and the use of the Site and any contents thereof, are in all respects governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.