Terms and Conditions
|
TERMS OF USE
IMPORTANT: READ CAREFULLY
By accessing or using this web site, you accept these Terms of
Use.
This is a legal agreement (the "Agreement") between you, the user, and
OZbedandbreakfast.com ("OZb&b.com").
|
1. RIGHTS, RESPONSIBILITIES. OZb&b.com grants you a
non-transferable, non-exclusive license to access this web site and to
view and download information contained at this web site
(collectively, the "Site"), solely for your own personal,
non-commercial use, subject to your ongoing compliance with all terms
of this Agreement. You agree to be responsible for all access of this
Site by your equipment or account, whether by you or others. You are
also solely responsible for providing and maintaining all equipment,
software and services needed to access and use the Site. You agree not
to use the Site for any unlawful purpose. You agree not to rent,
retransmit, disclose, publish, sell, assign, lease, sublicense,
market, or transfer the Site or use it in any manner not expressly
authorized by this Agreement. You agree not to copy, reverse engineer,
translate, port, modify or make derivative works of the Site. You
agree not to use the Site to operate a service bureau or for any other
use involving the processing of data of other persons or entities. You
do not receive any, and OZb&b.com retains all, ownership rights in the
Site.
2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to
you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire
risk of loss in using the Site. Due to its large size and complexity,
the Site may contain inaccuracies, omissions, errors or other defects.
OZb&b.com and its suppliers do not warrant that the Site will meet
your needs or expectations, that the Site will be error free or
uninterrupted, that errors can or will be corrected, that the Site is
reliable or timely, or that any information on the Site will provide
any particular results or usefulness. OZb&b.com and its suppliers
reserve the right to make changes and improvements to, or discontinue,
the Site or any part thereof. Further, OZb&b.com does not represent
that the Site is appropriate or authorized for use in all countries,
states, counties or other jurisdictions; accordingly, you are
responsible for compliance with all applicable laws in accessing the
Site. BB.com reserves the right to list any property which, in
BB.com's sole judgment, meets the general requirements of the "bed &
breakfast" customer including some properties that do not serve
breakfast, complimentary or otherwise.
OZb&b.com AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER
EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS
FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL OZb&b.com OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION
COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES,
INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES
RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE
DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF
WHETHER OZb&b.com OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR
SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION
APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT
LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS
WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF
LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER
BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT OZb&b.com AND
ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 AUD. Some states do not
allow the exclusion or limitation of incidental or consequential
damages or the limitation of duration of an implied warranty, so the
limitation or exclusion herein may not apply to you. This warranty
shall not be applicable to the extent that any provision of this
warranty is prohibited by any federal law, or by any state or local
law which cannot be preempted. This warranty gives you specific legal
rights, and you may also have other rights which vary from state to
state.
3. SUBMITTED INFORMATION. You agree not to submit to the Site
any information that infringes upon or violates the privacy, rights,
trademarks, copyrights or other intellectual property rights of
others, anything that is illegal, defamatory, obscene, harassing,
offensive, objectionable or sexually explicit, that encourages a
violation of the law, that contains a virus, that is off-topic, or,
without OZb&b.com's permission, that contains any solicitation or
advertising. You agree to indemnify and hold harmless OZb&b.com's from
any damages and costs, including without limitation court costs and
attorneys' fees, arising from your use of the Site. By submitting
information to the Site, you grant OZb&b.com's the royalty-free,
perpetual, irrevocable, non-exclusive right to use, edit, copy,
modify, adapt, combine, incorporate, publish, publicly perform,
translate and distribute all or part thereof in any form and for any
purpose whatsoever, and you also permit other users of the Site to use
that information subject to the rules of the Site. OZb&b.com shall
have the right, but not be obligated to, monitor the Site to determine
users' compliance with this Agreement and applicable laws. OZb&b.com
shall have the right in its sole discretion to not publish or remove
any submitted information.
4. THIRD PARTY INFORMATION. The Site may contain information
submitted by third parties, including without limitation users and
suppliers, and may also contain links to third party sites. Those
third parties are solely responsible for the content, accuracy and
originality of the information they submit. OZb&b.com has no more
control over such third party content than does a public library,
newsstand, or bookstore, and OZb&b.com is not responsible for such
third party content. OZb&b.com does not evaluate or endorse any third
party information. It is your responsibility to evaluate all
information provided on the Site, or to obtain specific professional
advice.
5. COPYRIGHT, TRADEMARKS. This Site compilation and all
portions authored by OZb&b.com are Copyright © 2000
OZbedandbreakfast.com, Mosman, NSW. All rights reserved. Portions of
the Site authored by third parties who have licensed their material to
OZb&b.com are owned by those respective third parties. You agree not
to alter or remove any copyright notice or proprietary legend at Site.
OZbedandbreakfast.com is a trademark or registered trademark of
OZBedandBreakfast.com. Other products or names may be the trademarks
of their respective owners.
6. MISCELLANEOUS. This is the exclusive and entire Agreement
between OZb&b.com and you regarding its subject matter. You may not
assign any part of this Agreement without OZb&b.com's prior written
consent. This Agreement shall be governed by the internal laws of NSW
without reference to choice of law principles. OZb&b.com may terminate
or restrict your use of the Site at any time without notice if
OZb&b.com believes you have not fully complied with this Agreement.
Further, either party may terminate this Agreement at any time without
cause; upon termination for any reason, your obligations under this
Agreement shall continue, except that you agree to no longer access or
use the Site. You consent to exclusive jurisdiction and venue in the
courts of NSW for all matters arising out of or related to this
Agreement or the Site. You understand that OZb&b.com may comply with
law enforcement requests or subpoenas regarding your use of the Site.
OZb&b.com reserves the right to modify the terms of this Agreement at
any time by posting the new terms on the Site, which modifications
shall take place immediately. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any prior or
subsequent breach or default. If any provision of this Agreement is
declared invalid or unenforceable, the remaining provisions of this
Agreement shall remain in effect and the invalid or unenforceable
provision shall be replaced by a valid, enforceable provision that
effectuates the intent of the original provision. OZb&b.com's
suppliers, licensors, affiliates, subsidiaries, employees and agents
shall be third party beneficiaries of OZb&b.com's rights under this
Agreement. All rights not granted expressly by this Agreement are
reserved.
7. COMMERCIAL COMPUTER SOFTWARE. All software and data on the
Site is a "commercial item," consisting of "commercial computer
software" and "commercial computer documentation,". The Site and
all portions are Copyright © 2001 OZbedandbreakfast.com, Mosman, NSW.
UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF
AUSTRALIA.
8. SPECIAL PROVISIONS FROM LICENSORS. All information provided
by third party licensors falls under Section 2 guidelines above and by
using those services you agree to the clauses as found in Section 2.
Where warranties differ, a separate disclaimer/license will appear on
the third party licensor supplied pages. Use of those pages
constitutes acceptance of both the Section 2 license above and the
third party licensor's disclaimer/license.
9. RESERVATIONS SERVICE. You represent and warrant that you are
of legal age to enter into this Agreement and use the Site pursuant to
this Agreement, and that the information you submit will be true and
accurate. You agree to pay for all goods and services that you, or
others using your account, order through the Site, and to pay any
taxes levied on your use of the Site or your transactions on the Site,
except for those based on OZb&b.com's annual net income. Additional
terms and conditions may apply to your purchase via the Site of goods
and services from third parties, and you agree to fully comply with
those third parties' terms and conditions.
10. PRIVACY POLICY. OZb&b.com understands that the protection
and security of your account information, and any other information
that is personally identifiable, is of utmost importance. Personally
identifying information from users is collected only when the user
fills out the registration form, or in other site locations when users
knowingly submit such information to OZb&b.com (for example, when
purchasing goods or services, such as making travel reservations).
When you obtain services or purchase goods from the Site - for
example, booking a reservation at a B&B - the information you submit
is provided to the inn, travel agent, airline, car rental company, or
other third party supplier in order to successfully provide you with
the services or goods you have ordered.
We may disclose to third parties certain aggregate information
contained in your registration data or related data, provided that,
such information will not include personally identifying information,
except as specifically authorized by you or in the good faith belief
that such action is reasonably necessary to comply with the law, legal
process, or to enforce the Agreement.
OZb&b.com may send you emails regarding special offers available or
other useful information. If you do no wish to receive these emails,
you may send us an email asking not to receive emails.
As do most major web sites, this Site may use cookies. Cookies are
information from the Site that is stored on your hard drive. Cookies
save you time because you do not need to manually reenter the
information stored on your hard drive. Cookies also help OZb&b.com
upgrade the Site by showing when and how users utilize the Site.
Cookies do not by themselves contain any personally identifying
information, but may be combined by OZb&b.com with other personally
identifying information already submitted. Some third parties on the
Site (such as advertisers) may send cookies to your hard drive, and
such third party cookies are subject to the policies of those third
parties.
Your web browser in its default mode probably accepts cookies from
this Site and all others. If you wish, you can usually change the
setting so that cookies are not accepted by your browser. However, the
Site may not function correctly.
Third Party Advertising
We use third-party advertising companies to serve ads when you visit
our Web site. These companies may use information (not including your
name, address, email address or telephone number) about your visits to
this and other Web sites in order to provide advertisements on this
site and other sites about goods and services that might be of
interest to you. If you would like more information about this
practice and to know your choices about not having this information
used by these companies, click here.
http://www.networkadvertising.org/optout_nonppii.asp.
Third Party Cookies In the course of serving advertisements to this
site, our third-party advertiser may place or recognize a unique
cookie on your browser.
|
|
|