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Terms & Conditions
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION
OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING
THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE
REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE
RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ
AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE
OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON
IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS
OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON
OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY
POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE
WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION
FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.
VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION
FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED
OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers,
users, subscribers, members, affiliates, or customers, collectively
referred to herein as "Visitors," are
parties to this agreement. The website and its owners and/or
operators are parties to this agreement, herein referred
to as "Website."
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered
into an express written contract with this website to the
contrary, visitors, viewers, subscribers, members, affiliates,
or customers have no right to use this information in a commercial
or public setting; they have no right to broadcast it, copy
it, save it, print it, sell it, or publish any portions of
the content of this website. By viewing the contents of this
website you agree this condition of viewing and you acknowledge
that any unauthorized use is unlawful and may subject you
to civil or criminal penalties. Again, Visitor has no rights
whatsoever to use the content of, or portions thereof, including
its databases, invisible pages, linked pages, underlying
code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Nothing.
Visitor warrants that he or she understands that accepting
this provision is a condition of viewing and that viewing
constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS
OF THIS WEBSITE
The website and its contents are owned or
licensed by the website. Material contained on the website
must be presumed to be proprietary and copyrighted. Visitors
have no rights whatsoever in the site content. Use of website
content for any reason is unlawful unless it is done with
express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by
website, no one may hyperlink this site, or portions thereof,
(including, but not limited to, logotypes, trademarks,
branding or copyrighted material) to theirs for any reason.
Further, you are not allowed to reference the url (website
address) of this website in any commercial or non-commercial
media without express permission, nor are you allowed to
'frame' the site. You specifically agree to cooperate with
the Website to remove or de-activate any such activities
and be liable for all damages. You hereby agree to liquidated
damages of US$100,000.00 plus costs and actual damages for
violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any
responsibility for the accuracy of the content of this website.
Visitors assume the all risk of viewing, reading, using,
or relying upon this information. Unless you have otherwise
formed an express contract to the contrary with the website,
you have no right to rely on any information contained herein
as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE
FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR
ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers
or software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently
passed to the visitor's computer. Again, visitor views and
interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads
information from this site at this own risk. Website makes
no warranty that downloads are free of corrupting computer
codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting
in any manner with this site, including banners, advertising,
or pop-ups, downloads, and as a condition of the website
to allow his lawful viewing, Visitor forever waives all right
to claims of damage of any and all description based on any
causal factor resulting in any possible harm, no matter how
heinous or extensive, whether physical or emotional, foreseeable
or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes
damage, which the Website is required to pay for, the Visitor,
as a condition of viewing, promises to reimburse the Website
for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that
any communication between Visitor and Website is deemed a
submission. All submissions, including portions thereof,
graphics contained thereon, or any of the content of the
submission, shall become the exclusive property of the Website
and may be used, without further permission, for commercial
use without additional consideration of any kind. Visitor
agrees to only communicate that information to the Website,
which it wishes to forever allow the Website to use in any
manner as it sees fit. "Submissions" is
also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is
due Visitor and Visitor expressly warrants an understanding
that the right to notice is waived as a condition for permission
to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires
for viewing, using or interacting with this website, Visitor
agrees to use binding arbitration for any claim, dispute,
or controversy ("CLAIM") of any kind (whether in
contract, tort or otherwise) arising out of or relating to
this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
In no case shall the viewer, visitor, member, subscriber
or customer have the right to go to court or have a jury
trial. Viewer, visitor, member, subscriber or customer will
not have the right to engage in pre-trial discovery except
as provided in the rules; you will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be reimbursed
by the other party for any and all costs associated with
the dispute arbitration, including attorney fees, collection
fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase
shall be brought before a court of law, pre- or post-arbitration,
Viewer, visitor, member, subscriber or customer agrees to
that the sole and proper jurisdiction to be the state and
city declared in the contact information of the web owner
unless otherwise here specified – New South Wales,
Australia.
In the event that litigation is in court, the proper court
shall be the closest court to the Seller's address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer
agrees that the applicable law to be applied shall, in all
cases, be that of the state of the Seller.
CONTACT INFORMATION
Quality Resort Sails
20 Park Street
Port Macquarie
NSW 2444
AUSTRALIA
Telephone: 02 6589 5100
Facsimile : (02) 6584 0397
Email: reservations@sailsresort.com.au
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