| Terms and Conditions |
| PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (the "Terms and Conditions") CAREFULLY BEFORE USING THIS SITE. |
| Your use of this website is conditioned on your acceptance of the Terms and
Conditions. By using this site, you signify that you unconditionally agree
and accept to be legally bound by the Terms and Conditions. You must not use
this site if you do not agree with any part of the Terms and Conditions. |
| 1. OWNERSHIP |
| Oze Holdings Pty Ltd is the owner and operator of this site. This site, and
each of its modules, together with the arrangement and compilation of the content
found on this site, is the copyrighted property of Oze Holdings and/or its
various third party providers and distributors. In addition, the trademarks,
logos and service marks displayed on this site (collectively, the "Trademarks")
are owned by Oze Holdings, and various third parties. Nothing contained on
this site should be taken as granting, by implication, estoppel, or otherwise,
any license or right to use any of the content on the site or trademarks without
the prior written permission of Oze Holdings. |
| 2. USE OF SITE |
| Oze Holdings grants you a limited, non-exclusive, non-transferable right to
use this site in accordance with the Terms and Conditions. You agree that you: |
| (a) shall only use this site to make legitimate reservations or purchases and
shall not use this site for any other purposes, including without limitation,
to make any speculative, false or fraudulent reservation or any reservation
in anticipation of demand. |
| (b) shall not, except as permitted under applicable law, copy, reproduce, republish,
upload, post, transmit, or distribute any of the content provided in this site,
including the text, graphics, video clips, digital downloads, without the prior
written permission of Oze Holdings and/or its third party providers and distributors,
except that you may download, display and print the materials presented on
this site for your personal, non-commercial use only. |
| (c) shall not use any "robot," "spider" or other automated
device, or a program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the web pages,
data or content found on this site, in any case without the prior written permission
of Oze Holdings. |
| (d) shall not transmit or otherwise transfer any web pages, data or content
found on this site to any other computer, server, web site, or other medium
for mass distribution or for use in any commercial enterprise. |
| (e) shall not use any device, software or routine to interfere or attempt to
interfere with the proper working of this site. |
| (f) shall not take any action that imposes a burden or load on our infrastructure
that Oze Holdings deems in its sole discretion to be unreasonable or disproportionate
to the benefits Oze Holdings obtains from your use of the site. |
| (g) shall not make any unauthorized use of this site and/or the materials contained
on this site to violate applicable copyright, trademark or other intellectual
property laws or other laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in the materials, and you
must not alter, obscure or obliterate any of such notices. |
| (h) shall not post or transmit any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. |
| (i) shall not post or transmit any information which (i) infringes the rights
of others or violates their privacy or publicity rights, (ii) is protected
by copyright, trademark or other proprietary right, unless with the express
written permission of the owner of such right, (iii) contains a virus, bug,
or other harmful item, or (iv) is used to unlawfully collude against another
person in restraint of trade or competition. |
| (j) shall be solely liable for any damages resulting from any infringement of
copyright, trademark, or other proprietary right, or any other loss or harm
resulting from your use of this site. |
| 3. PRIVACY |
| You have read the Oze Holdings Privacy Policy, and agree that the terms of
such policy are reasonable. You consent to the use of your personal information
by Oze Holdings and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in Oze Holdings’ Privacy
Policy. |
| 4. REVIEW OF TRANSMISSIONS |
| You agree that if you submit suggestions, ideas, comments or questions or
post any other information on this site, you grant Oze Holdings a worldwide,
non-exclusive, royalty-free, perpetual and irrevocable right (including the
right to sub-license) to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and display such content in any form,
media or technology. Oze Holdings takes no responsibility and assumes no liability
for any content posted or submitted by you. |
| 5. AGE & RESPONSIBILITY |
| If you use this site, you are responsible for maintaining the confidentiality
of your account information and your password. You agree to accept responsibility
for all activities that occur under your account or password. You represent
that you are of sufficient legal age to use this site and to create binding
legal obligations for any liability you may incur as a result of the use of
this site. You understand that you are financially responsible for all uses
of this site by you and those using your login information. |
| 6. LIMITATION OF LIABILITY |
| Oze Holdings 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 this site or your downloading
of any materials, data, text, images or video from the site. In no event shall
Oze Holdings or any third party providers or distributors be liable for any
injury, loss, claim, damage, or any special, exemplary, punitive, indirect,
incidental or consequential damages of any kind (including, but not limited
to lost profits or lost savings), whether based in contract, tort, strict liability,
or otherwise, which arises out of or is in any way connected with (i) any use
of this site or content found herein, (ii) any failure or delay (including,
but not limited to the use of or inability to use any component of this site
for reservations or ticketing), or (iii) the performance or non performance
by Oze Holdings or any third party providers or distributors, even if such
party has been advised of the possibility of damages to such parties or any
other party. |
| If, notwithstanding the foregoing, Oze Holdings or any third party provider
or distributor should be found liable for any loss or damage which arises out
of or is in any way connected with any of the above described functions or
uses of this site or its content, the liability of Oze Holdings and the third
party providers and distributors shall in no event exceed, in the aggregate,
the value of the goods and services purchased by you which are the subject
of the dispute, or US$100.00, whichever is lower. In its sole discretion, in
addition to any other rights or remedies available to Oze Holdings and without
any liability whatsoever, Oze Holdings may, at any time and without notice,
terminate or restrict your access to any component of this site. Some states
do not allow limitation of liability, so the foregoing limitation may not apply
to you. |
| 7. INDEMNIFICATION |
| You shall defend and indemnify Oze Holdings and any third party providers
and distributors and their officers, directors, employees and agents from and
against any claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf in excess
of the liability described herein or by third parties as a result of your use
of this site. |
| 8. RELATIONSHIP |
| The relationship between Oze Holdings and you will be that of independent
contractors, and neither of us nor any of our respective officers, agents or
employees will be held or construed to be partners, joint ventures, fiduciaries,
employees or agents of the other. |
| 9. GOVERNING LAW |
| The Terms and Conditions and its performance shall be governed by the laws
of the state of New South Wales, Australia, without regard to its conflict
of laws provisions. You hereby consent and submit to the exclusive jurisdiction
of the state and federal courts located in the state of New South Wales, Australia,
in all questions and controversies arising out of your use of this site and
the Terms and Conditions. To the extent allowed by applicable law, any claim
or cause of action arising from or relating to your access or use of this site
must be brought within two (2) years from the date on which such claim or action
arose or accrued. |
| 10. LEGAL FEES & EXPENSES |
| If Oze Holdings take any action to enforce Terms and Conditions, such parties
will be entitled to recover from you, and you agree to pay, all reasonable
and necessary legal fees and expenses and any cost of litigation, in addition
to any other relief, at law or in equity, to which such parties may be entitled. |
| 11. INJUNCTIVE RELIEF |
| You acknowledge that a violation or attempted violation of any of the Terms
and Conditions will cause such damage to Oze Holdings as will be irreparable,
the exact amount of which would be difficult to ascertain and for which there
will be no adequate remedy at law. Accordingly, you agree that Oze Holdings
shall be entitled as a matter of right to an injunction issued by any court
of competent jurisdiction, restraining such violation or attempted violation
of these terms and conditions by you, or your affiliates, partners, or agents,
as well as recover from you any and all costs and expenses sustained or incurred
by Oze Holdings in obtaining such an injunction, including, without limitation,
all legal fees and expenses. |
| 12. TERMINATION |
| Oze Holdings may terminate the Terms and Conditions and/or the provision of
any of the products and services at any time for any reason, including any
improper use of this site or your failure to comply with the Terms and Conditions.
Such termination shall not affect any right to relief to which Oze Holdings
and its third party providers and distributors may be entitled, at law or in
equity. Upon termination of the Terms and Conditions, all rights granted to
you will terminate and revert to Oze Holdings and its third party providers
or distributors, as applicable. |
| 13. ASSIGNMENT |
| You may not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder. |
| 14. MODIFICATION |
| Oze Holdings may at any time modify these Terms and Conditions at its sole
discretion without prior notice and your continued use of this site will be
conditioned upon the Terms and Conditions in force at the time of your use. |
| 15. ADDITIONAL TERMS |
| Additional terms and conditions may apply to reservations, purchases of products
and services and other uses of portions of this site, and you agree to abide
by such other terms and conditions. |
| 16. SEVERABILITY |
| These terms and conditions shall be severable. In the event that any provision
is determined to be unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining provisions. |
| 17. HEADINGS |
| The headings used in the Terms and Conditions are included for convenience
only and will not limit or otherwise affect the terms and conditions herein. |
| 18. ENTIRE AGREEMENT |
| The Terms and Conditions, together with any terms and conditions incorporated
herein or referred to herein constitute the entire agreement between us relating
to the subject matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be amended
or modified except in writing or by making such amendments or modifications
available on this site. |
| 19. COMMUNICATION WITH USERS |
| The Operator reserves the right to communicate with you regarding this site
and your use of this site or any product or service purchased by you on this
site. |
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