The Website Users Agreement Terms were last updated on 28th August 2014.
The www.adventureworld.com website (including any redirections to or from www.adventureworld.com.au and www.adventureworld.co.nz) (the “Site") is owned, managed and operated by Adventure World Travel Pty Ltd (ABN 69 122 505 631) (“Adventure World”, "we", "our" or "us").
Users of the Site are not required to register or to disclose personal information in order to access the home page and browse the Site, although some information is collected by cookies (see below).
These Terms are governed by the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and of the courts of appeal therefrom.
You agree to defend us, our employees, agents, representatives, officers, directors and third parties and indemnify and hold harmless us and them against all losses, costs (on a full indemnity basis), liabilities, damages, actions and/or claims relating to or arising from your use of the Site, including any breach by you of the Terms.
Membership for Newsletters
You may also subscribe to our newsletter on our Site. If you subscribe, we may email you with information on our latest packages, deals, sponsorships or any other information in which we believe you may be interested. You may opt-out of the newsletter at any time by following the directions in the newsletter or calling us on 0800 238 368.
Your Conduct Online
You may on the Site and our affiliated social channels (such as Facebook, Instagram, Google+, YouTube, Pinterest and Twitter) (“Posting Sites”) post your own contributions (such as hotel reviews, ratings, holiday experiences, personal holiday photographs or written feedback) or chat with others in our online forums, if any (“Contributions”).
- that you are solely and entirely responsible for any content you post on any Posting Site, and any content or information you transmit or otherwise communicate;
- to not post on any Posting Site, nor to transmit or otherwise communicate to us (including our employees and agents) or others:
- any defamatory, inaccurate, harassing, threatening, racist, abusive, obscene, profane, illegal or offensive sexually-oriented material, or any material that violates or infringes another person’s rights (including, but not limited to, rights of privacy, confidentiality and publicity, copyright and intellectual property);
- any links, advertising or marketing material or spam;
- anything that may encourage, promote or assist in the commission of an illegal act;
- excessively coarse language or content, which is or would be rated R, RC or X by the Australian Classification Board;
- anything which breaches any laws, including any anti-discrimination law; or
- any material that contains a virus or computer code, file or program designed to impair the performance of our Site or any computer, software or telecommunications device;
to grant to us a non-exclusive, worldwide, royalty free, irrevocable licence to use (including edit, modify or adapt), copy, transmit, store, publish or distribute your Contributions in any way we determine in any medium, including but not limited to, any website, mobile site, application, newsletter or brochure;
You warrant that:
- your Contributions are your original works;
- you have all rights necessary to grant the licence in respect of your Contributions; and
- your Contributions do not, and our use of them will not, infringe the intellectual property rights or breach the contractual rights of any person.
Intellectual Property Rights
The content of the Site is protected by copyright.
You may use the Site only for your personal and non-commercial purposes. You must not use, copy, modify, transmit, store, publish or distribute the material on the Site, or create any other material using material on the Site, without our prior written approval.
Trade marks (whether registered or unregistered) and logos appearing on the Site belong to us or to third parties who have approved their placement. You must not use or modify them in any way without our prior written approval.
The Site, products, technology and processes contained in it may be the subject of other intellectual property rights owned by us or by third parties. No license is granted to you in respect of those intellectual property rights other than as set out in these Terms.
The Site may contain links to websites of third parties. Those links are provided for convenience only and may not remain correct or be maintained.
Links to those websites should not be construed as any endorsement, approval, recommendation or preference by us of their owners or operators, or of any information, products or services referred to on them, unless specifically stated on the Site.
Unless otherwise stated, we do not control linked websites and we accept no responsibility for the contents or your access, use or reliance on them.
Personal information collected through the Site
When you submit information to us through our Site for the purpose of an enquiry, we usually collect details from you, such as your name, email address, personal interests and needs.
This information is essential for us to accurately identify you and respond to your requests.
Cookies are pieces of information that a website can transfer to a user’s computer hard drive for tracking (site usage), user navigation and customisation of site information to further improve and enhance the user experience.
Disclaimers and Limitation of Liability
To the extent permitted by law, we exclude:
- all warranties and conditions, statutory or otherwise, implied into these terms;
- all liability to you and everyone else for loss or damage, however caused (including negligence), which may be directly or indirectly suffered in connection with use of the Site; and
- all liability (whether arising under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including, without limitation, loss of revenue and loss of, or damage to, data) suffered or incurred in connection with use of the Site.
Without limiting the foregoing, we:
- give no warranty as to the completeness or accuracy of any information on the Site or any linked website or as to its merchantability or fitness for a particular purpose;
- are not liable to you or anyone else if errors occur in the information on the Site or if that information is not up-to-date (including any content generated from feeds from third parties);
- are not liable for disruptions to the Site; and
- are not liable to you or anyone else if interference with or damage to computer systems occur in connection with use of the Site or a linked website and visitors must take their own precautions to ensure that whatever they select for use from the Site is free of viruses or anything else that may interfere with or damage the operation of their computer systems.
Where the law implies any warranty guarantee or condition which cannot be excluded, our liability to you for breach thereof is limited to such of the following as we may chose:
- in the case of goods – their repair, replacement or the supply of equivalent goods or the cost of such repair, replacement or supply; or
- in the case of services – supply of the services again or payment of the cost of having the services supplied again.