Last updated: July 15, 2023
Welcome to Discover Australia Tourism. These Terms of Service ("Terms") govern your access to and use of our website, discoveraustralia.com (the "Website"), and the services available through our Website (collectively, the "Services").
Please read these Terms carefully before using our Website. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Website.
The content on our Website is provided for general information purposes only. While we strive to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on our Website for any purpose.
You are responsible for ensuring that any products, services, or information available through our Website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To access certain features of our Website, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
Our Website may allow you to book travel services such as tours, accommodations, transportation, and activities. These services are provided by third-party suppliers, not by us. When you book through our Website, you enter into a contract with the supplier, and we act only as an intermediary.
All bookings are subject to availability and confirmation. We will notify you by email once your booking is confirmed. A booking is not confirmed until you receive a confirmation email.
All prices displayed on our Website are in Australian Dollars (AUD) unless otherwise specified. Prices may change at any time due to factors beyond our control, such as currency fluctuations or supplier price changes. We will notify you of any price changes before confirming your booking.
Payment methods accepted are specified during the booking process. By providing your payment information, you authorize us to charge the specified amount to your selected payment method.
Cancellation and refund policies vary by supplier and are specified at the time of booking. Please review these policies carefully before making a booking. In the event of a cancellation, you must notify us in writing as soon as possible.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Discover Australia Tourism, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may access, view, download, and print content from our Website for your personal, non-commercial use only, provided that you do not modify the content and that you retain all copyright and other proprietary notices.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Our Website may allow you to post, submit, publish, display, or transmit content such as reviews, comments, or other materials (collectively, "User Content"). You retain ownership rights in your User Content, but by submitting User Content to our Website, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and our business.
You represent and warrant that:
We have the right to remove any User Content from our Website at our sole discretion, without notice and without liability to you.
You agree not to use our Website:
Additionally, you agree not to:
Our Website may contain links to third-party websites or services that are not owned or controlled by Discover Australia Tourism. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Discover Australia Tourism shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, DISCOVER AUSTRALIA TOURISM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DISCOVER AUSTRALIA TOURISM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Discover Australia Tourism, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
These Terms shall remain in full force and effect while you use the Website. We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of New South Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If you have any questions about these Terms, please contact us at:
Discover Australia Tourism
42 Circular Quay West, Sydney, NSW 2000, Australia
Email: [email protected]
Phone: +61 2 8123 4567