1. Terms and Conditions
1.1 Meanings
‘Applicable Law’ in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any licence in any country (or political sub-division of a country); and
(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
‘Content’ means anything that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, artwork, design, photographs, illustrations, text, music, songs and other materials or subject-matter on the Site).
‘Site’ means the internet site hosted via address www.territorydiscoveries.com.
‘Terms and Conditions’ means the term and conditions contained on this Site and those revised in accordance with clause 1.4.
‘Territory Discoveries’ means Territory Discoveries (a Government Business Division of Tourism NT) our employees, agents, third party providers and distributors.
‘we’, ‘our’ or ‘us’ means Territory Discoveries.
1.2 The Site
Please read the Terms and Conditions carefully as they apply to your use of the Site
1.3 Agree to be Bound
By using the Site you agree to be bound by the Terms and Conditions.
1.4 Revised Terms
We may revise or modify the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
1.5 Other Terms and Conditions on the Site
Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:
(a) will apply to your use of such parts or features of the Site in addition to these terms and conditions; and
(b) will prevail over the Terms and Conditions to the extent of any inconsistency.
2. Intellectual Property Rights
2.1 Content
You acknowledge that the Content on the Site is subject to copyright, trade mark and possibly other intellectual property rights.
2.2 You must Not
Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to:
(a) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the content (or any readily identifiable portion of the content) in any way without our prior written consent;
(b) alter, obscure or obliterate any copyright and trademark notices or any other proprietary notices, contained in the Content;
(c) otherwise infringe the intellectual property rights of any person in using the Site or any Content.
3. Content of the Site
3.1 Accuracy
We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
3.2 Change to Content
You acknowledge that the Content on the Site is subject to change at any time.
4. Specific Rules of Use
4.1 Use of the Site
We provide you with a non-transferable right to use the Site in accordance with the Terms and Conditions and you agree that you must:
(a) not use the Site without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law;
(b) only use this Site to make legitimate reservations or purchases and must not use the Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand;
(c) not employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through this Site.
(d) not, except as permitted under Applicable Law, copy, reproduce, republish, upload, post, transmit distribute or otherwise communicate to the public any of the Content provided in the Site without our prior written permission except that you may download, display and print the materials presented on the Site for your personal, non-commercial use only.
(e) not use any ‘robot,’ ‘spider’, ‘crawler’ 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 Content, in any case without our prior written permission.
(f) not, except as permitted under Applicable Law, alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from the Content.
(g) not transmit or otherwise transfer any Content to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other web site or in any environment of networked computers is prohibited.
(h) not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
(i) not take any action that imposes a burden or load on our infrastructure that we deem in our sole discretion to be unreasonable or disproportionate to the benefits we obtain from your use of the Site.
(j) 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 Applicable Law.
(k) 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, worm , time bomb, trojan horse, trap door or other harmful item,
(iv) is used to unlawfully collude against another person in restraint of trade or competition, or
(v) creates any liability on us or causes us to lose (in whole or in part) the services of our internet service providers or other suppliers.
and are hereby taken to agree that you will 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 the Site.
5. Links
5.1 No endorsement of linked Sites
The Site may contain links to other web sites which are not maintained by us and which are provided solely as a convenience to you and not as an endorsement of the contents of such other web sites (whether express or implied) by us.
5.2 No Representation or warranty of Linked Sites
We have not reviewed all of the linked web sites and will not be responsible for the content of any other web sites and we make no representation or warranty regarding any other web sites or the contents or materials on them. If you decide to link to other web sites, you do so at your own risk and subject to the terms and conditions (if any) of the linked web site and in particular, its own set of privacy policies that you are advised to consider.
5.3 Sites linked to this Site
Other web sites may link to this Site. If you wish to establish links with the Site you must first obtain our written consent to do so and we reserve the right to deny such consent.
5.4 Deep Links
You must not deep link to any page other than the Home page of this Site without obtaining our prior written consent and if consent is provided we are not under any obligation to establish reciprocal links with you or any third party.
6. Cookies
6.1 Obtaining Data from You
During your use of the Site, we may issue to and request from your computer blocks of data known as ‘cookies’. By using this Site you authorise us to issue such cookies to your computer.
6.2 Accurate information
You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site. Please refer to our Privacy Policy (available from the Site) for more information about the purpose for which we obtain cookies and how we use such information as well as how we respect your privacy.
7. Legal Proceedings
7.1 Legal costs
If we take any action to enforce the Terms and Conditions, we will be entitled to recover from you, and you agree to pay, all legal fees (on a solicitor own client basis) and expenses and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
7.2 Injunctions
You acknowledge and agree:
(a) that a violation or attempted violation of any of the Terms and Conditions will cause such damage to us and will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law;
(b) that we will be entitled as a matter of right to an injunction (including a temporary 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 us in obtaining such an injunction, including, without limitation, all legal fees (on a solicitor own client basis) and expenses.
8. Termination of License
We 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 the Site or your failure to comply with the Terms and Conditions.
Termination will not effect any right to relief to which we 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 us and our third party providers or distributors, as applicable.
9. General Terms
9.1 Severability
The Terms and Conditions shall be severable and if any provision is determined to be unenforceable, illegal or invalid, it will nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.
9.2 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 the Site.
9.3 Relationship
The relationship between us and you will be that of independent contractors, and neither us or you nor any of our respective officers, agents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.
9.4 Proper Law
(a) The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of the Northern Territory of Australia.
(b) By using the Site, you irrevocably agree to submit to the exclusive jurisdiction of the courts of the Northern Territory of Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site or any material contained therein, or accessed thereby.