Terms of Use

Website Terms of Use

Noosa Secret Destinations Pty Ltd ACN 601 995 055

Acceptance of Terms

This site is owned and operated by Noosa Secret Destinations Pty Ltd ACN 601 995 055 (“we“, “us”).

By using the Site, by signing up to our mailing list, or by registering as a User you (“you”) agree to be bound
by the following agreement (“terms of use”) between you and us. These Terms of Use incorporate our Privacy Policy,
and govern your access to and use of this Site.

If you do not agree to these Terms of Use, please exit this Site immediately.

Our Relationship with You

Changes

We may amend these Terms of Use at any time upon 30 days’ notice, by posting the amended Terms of Use on the Site.
Your continued use of the Site after the effective date of the notice constitutes your acceptance of the amendments set out in the notice.

Registered Users

Setting up a Profile

You may apply via our office to become a Registered User.

Access

Subject to these Terms of Use, from the date we notify you that your registration is accepted, we grant you a limited, non-exclusive,
non-transferable licence to use the Site to set up your Profile to:

  • Access online contact forms; and
  • Use the Booking System to facilitate bookings with Owners who offer this feature.

You agree that:

  • By making a booking through the Booking System, you are entering into a contractual relationship
    with the Owner with whom you are making the booking, and will be required to agree to the Booking Terms;
  • We facilitate the booking process, but we are not party to the contractual relationship between you and
    any. You remain solely responsible for your dealings with any Owner; and
  • We are not liable for any other actions or inactions by Owners.

Consent and Warranty

You grant us consent to:

  • Collect basic information from you including names and contact details; and
  • Disclose your information to the Owner of any property about which you have enquired; and
  • Use your contact details to send you marketing materials. You may opt-out at any time
    by notice by email, or through the unsubscribe link found in all marketing emails we send,

in accordance with our Privacy Policy.

Your Profile

You must maintain your Profile via the Site, and ensure that it is accurate and up-to-date at all times.

You must keep your Site login id and password confidential and secure, and not disclose it to anyone.

Your Profile is subject to our approval. We reserve the right to suspend or reject Profiles or request
amendments if any part does not meet our requirements for inclusion on the Site at any time.

Termination of Registered User Profiles

You may cancel your Profile at any time via the Site.

We may end our agreement with you at any time, for any reason, by 7 days’ notice via email to you.

If we in our absolute discretion determine that you have breached these Terms of Use, or your Profile is a
security risk, we may immediately and without further notice suspend your Profile and use of the Site, and may delete
any data associated with your Profile.

Cancellation of your Profile does not automatically void or cancel any bookings you have made via the Booking
System, or your agreements with any Owner. Bookings can only be cancelled under the Booking Terms.

Your Warranties and Obligations

Your rights and obligations

You agree:

  • To comply with these Terms of Use and all applicable laws and regulations; and
  • That any personal information you disclose via the Site is subject to our Privacy Policy;
  • To comply with any user policy we publish on the Site from time to time; and
  • To use the Site in good faith and for personal use only.

You must not:

  • Use the Site or any information on the Site to do anything which is unlawful, offensive, abusive,
    indecent, defamatory or menacing, or in breach of any Intellectual Property, publicity, privacy or other rights of others;
  • Collect information (including information about other users) from the Site for purposes outside these Terms of Use.
    In particular, you must not harvest information from the Site for commercial purposes without our written consent.

Intellectual Property Rights

The material on the Site is protected under Australian and international copyright and other laws governing protection of
Intellectual Property rights. Intellectual Property rights in images, trade marks and other content on the Site are owned by their
respective owners. You must not deal with the material on the Site in any way which infringes on the content owner’s Intellectual
Property rights without separate written permission from the content owner.

Please contact us if you wish to re-post images from this Site elsewhere, as some materials are subject to third party licences.

Disclaimers and Limitation of Liability

Disclaimers

To the extent allowable by law:

  • The Site is provided on an ‘as-is’ basis and we disclaim any warranty that the Site will be uninterrupted, error-free or that any
    errors will be corrected;
  • The information, services and material contained on the Site are provided on an “as is” basis. We disclaim all representations
    and warranties, express or implied, with respect to material on the Site, whether provided by us, third party contractors or other Users,
    including without limitation, the fitness for any particular purpose of anything contained or referred to on the Site.
  • The Site contains general information and material from many different sources. Information regarding each property is provided
    by the property owners. We make no representation and do not warrant that the information provided on the Site is complete, accurate or current
    or meeting any particular standard;
  • We take all reasonable efforts to maintain the security and confidentiality of the Site and any materials you upload to or post via the
    Site, but we cannot ensure or guarantee the security of your information. For example, hacking, vandalism, hardware or software failure may affect
    the security and confidentiality of materials you provide, and we take no responsibility for such events; and
  • Any condition or warranty which would otherwise be implied in this agreement is excluded. However, this agreement includes conditions or
    warranties implied by legislation which cannot be excluded by law.

You acknowledge that you have exercised your own judgement as to the suitability of the Site for your purposes, and that you use the Site at your sole risk.

We retain the right at our sole discretion to deny access to anyone to the Site, at any time and for any reason, including, but not limited to, violation of
these Terms of Use.

Indemnity

You agree to indemnify, release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:

  • Your action, inaction, delay or breach of your obligations under this agreement;
  • Misuse of the Site by you;
  • The actions of anyone accessing your Profile or using your user id and password, whether authorised by you or not;
  • Any agreement between yourself and any other user of the Site;
  • Any hardware or software failure, downtime, interruption, data loss, or any other loss or damage of any kind, whether directly
    or indirectly arising in connection with your use of the Site or inability to access the Site;
  • Indirect, special, economic or Consequential Loss or damage you suffer in any way, even if we knew or should have known about
    the possibility of such loss;
  • Loss, damage or personal injury caused directly or indirectly which may arise out of or in connection with your use
    of the Site, by your access to or inability to access the Site, or your reliance on any information provided on the Site, even if
    we have been advised of the possibility of such damages or injury, to the maximum extent permitted by law;
  • Our reasonable actions in denying anyone access to the Site or your Profile for security reasons or non-payment;
  • Your breach of any law or infringement of any third party rights including without limitation Intellectual Property
    rights, privacy rights, or consumer protection laws; and
  • Actions taken in relation to these Terms of Use in accordance with our obligations at law or any order issued by a court of
    law or relevant government authority.

You indemnify us for any reasonable legal expenses we incur as a result of your breach of these Terms of Use, including
expenses for enforcing payment, on a solicitor and own client basis.

Defence

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with us in asserting any available defences.

Limitation of Liability

To the fullest extent allowable at law:

We are not liable to you for:

  • Errors in the information you provide to us;
  • Errors or omissions in the Site;
  • Delays to, interruptions of, or cessation of the Site;
  • Defamatory, offensive or illegal conduct of any Site User;
  • Actions or inactions by Owners; or
  • Any circumstances caused by factors beyond our reasonable control,

Whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause;

You agree that under no circumstances will our total liability to you exceed $100.

Links to Third Party Websites

This Site may provide links or references to other websites for your convenience. We do not control or endorse these websites,
and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or
injury arising in connection with your access to such websites.

If you choose to purchase goods or services from a third party, including one accessed from the Site, you are entering a separate
agreement with that third party, and expressly agree that we are not a party to any such transaction.

Either party may end this agreement at any time and without prior notice if the other party is guilty of dishonesty, serious misconduct
or serious neglect of duty.

Violations

We take reports of abusive content and copyright infringement seriously. If you find any content on the Site that is incorrect,
offensive, or suspect that the content infringes your intellectual property rights, please notify us by email at admin@noosasecretdestinations.com

Please support the Site and report any violations of these Terms of Use by contacting us by email at: admin@noosasecretdestinations.com

General

Force Majeure

Neither party is liable for any delay or failure to perform its obligations under these Terms of Use to the extent that such failure is caused by a
Force Majeure Event. However, nothing in this clause excuses payment of any money due. We may suspend access to the Site for the duration of any Force Majeure Event.

Currency and taxation

Unless otherwise stated, all monetary amounts are expressed in Australian dollars exclusive of GST. If any supply under these Terms of Use is or becomes subject
to GST, the GST amount is payable in addition to the monetary amounts defined in this agreement.

Enduring clauses

The parties’ rights and obligations under clauses 5 and 6 will survive the termination of these Terms of Use for whatever reason.

Jurisdiction

The laws of Queensland, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction.

Severability

If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability
of any other provision or part provision of this agreement.

Waiver

Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

Entire Agreement

This agreement contains the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.

Definitions

In these Terms of Use:

Booking System means the online facility on the Site, which allows Registered Users to book a property with Owners.

Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgement however arising, whether present, unascertained, immediate,
future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.

Force Majeure Event means any of the following:

  • An act of God;
  • War, terrorism, riot, insurrection, vandalism or sabotage;
  • Strike, lockout, ban, limitation of work or other industrial disturbance; or

Which is

  • Unforeseen by the affected party;
  • Is beyond the control of the affected party; and
  • Occurs without the fault or negligence of the affected party.

Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.

Intellectual Property means all intellectual property rights in the material set out in the schedule, including copyright, designs, patents, trade marks, the domain name licences, and includes the right to register any intellectual property rights.

Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

Owner means an owner of a property which is listed on the Site, and includes a registered proprietor of that property or a representative, agent or employee acting on behalf of the registered proprietor.

Profile means any statements, information or representations included on a user profile about an individual and includes contact details and any information provided to other users via the Site.

Registered User means a user of the Site, who has registered their details with us and who is eligible to use the Booking System to make bookings with Owners.

Site means the website which may be accessed at http://www.noosasecretdestinations.com.au

Terms of Use means this agreement including schedules and appendices, if any.

Interpretation

Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law (including the Competition and
Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

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