Terms and Conditions

Accepting the Terms of Service

Please read these Terms and Conditions, and our Privacy Policy carefully before using VisitBrisbane.com.au (“the Site”) and/or the other domains, products, services, and/or content provided by VisitBrisbane and Brisbane Marketing Pty Ltd ACN 094 633 262.  By using or accessing the Services you agree to become bound by all the terms and conditions.  If you do not agree to all the terms and conditions, you should not and are not permitted to use the Services.

Modifications to these Terms and Conditions

VisitBrisbane and Brisbane Marketing Pty Ltd (BM) reserve the right, in its sole discretion, to modify these terms and conditions at any time by posting revised terms and conditions.

Use of the Services

Eligibility

No individual under the age of eighteen (18) may use the Services or provide any information to VisitBrisbane or BM or otherwise through the Services (including, for example, a name, address, telephone number, or email address).  If you are under the age of 18 years, your parent or guardian must give their consent to your use of the Services.

Service Changes and Limitations

VisitBrisbane and BM retain the right to create limits on and related to the use of the Services in its sole discretion at any time with or without notice.  VisitBrisbane and BM may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability.  VisitBrisbane and BM may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below).  VisitBrisbane and BM may also suspend Accounts (as defined below) at any time, in its sole discretion.

Limitations on Automated Use

You may not do any of the following while accessing or using the Services:

(a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of VisitBrisbane or BM and/or its service providers;

(b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; 

(c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by VisitBrisbane or BM (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with VisitBrisbane or BM;

(d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without VisitBrisbane’s or BM’s express prior written consent;

(e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or

(f) interfere with, or disrupt, (or attempt to so interfere or disrupt), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.   

Registration and Security

As a condition to using certain parts of the Services, you may be required to create an account (an "Account").  You must provide VisitBrisbane or BM with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.  You agree that you shall not register or subscribe with the name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account.  VisitBrisbane or BM reserves the right to refuse registration of, cancel, or modify an Account in its sole discretion.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify VisitBrisbane or BM immediately of any actual or suspected loss, theft, or unauthorised use of your Account or Account password.

Content, Contributions and Links

Definitions

For purposes of these terms and conditions the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.

Content posted to VisitBrisbane.com.au

When posting comments or reviews to VisitBrisbane, you must make sure:

• your comments are relevant or on-topic;

• your comments are not inflammatory, unreasonable or obscene;

• you are civil and respectful of others and their opinions (including not impersonating anyone and not posting someone’s personal information without their permission); and

• your behaviour is in line with all relevant laws.

If VisitBrisbane or BM become aware of content that does not comply with these terms and conditions, we reserve the right not to publish it or choose to remove it.

All comments and reviews are moderated.  Comments or reviews with many links in them may be automatically held for moderation (links being a major part of most comment spam).

One of our key reasons for moderating is to prevent VisitBrisbane from hosting spam.  Keep this in mind when you are commenting or reviewing, as off-topic comments or short comments with links may be confused with spam and deleted.

Our system may include a human verification step to deter spam bots: when entering content, you may be asked to replicate a code.

You warrant that any material you provide to VisitBrisbane does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party.

Links to Third Party Sites

The Site provides links to other third party websites for your convenience and information purposes only and for the purposes of making any endorsement or recommendation thereof.  VisitBrisbane and BM cannot control, takes no responsibility and does not make any warranty, express or implied, with respect to the content, privacy policy or practices of such linked websites.

Your licence to BM and VisitBrisbane

You acknowledge and agree that your comments or reviews and the name that you include on your Account will be made publicly available.

You agree that you hereby license any material that you supply or communicate to VisitBrisbane on this website (www.VisitBrisbane.com.au) under a Creative Commons Attribution –3.0 Australia license.

More information on this CC BY license is set out at http://creativecommons.org/licenses/by/3.0/au/.

You consent to any act or omission by VisitBrisbane or BM (including any individual or organisation engaged by VisitBrisbane or BM) in relation to any of the material in which you are entitled to exercise moral rights and made available to VisitBrisbane or BM via VisitBrisbane.  An act or omission includes failing to attribute the material, falsely attributing authorship of the material and any editing, deleting, amending of the material, as part of posting and moderating your comments on VisitBrisbane that may affect your right of integrity as the author of the material.  For the purpose of this term, material means work as defined by section 189 of the Copyright Act 1968 (Cth).

Third Party Offerings

Definitions

For the purposes of these terms and conditions the term “Third Party Offering” means the goods and services offered for sale a by a third party.

Use of Third Party Offerings

By accessing this Site and any Third Party Offering, you agree that you are responsible for verifying the accuracy of the information before accepting or using any Third Party Offering. 

Assumption of Risk

You assume all risk in connection with your acceptance and use of any Third Party Offering.  You agree that your correspondence or dealings with, or participation in promotions or business of, any Third Party Offering or advertisers on the Site are solely between you and such Third Party and advertisers.  VisitBrisbane and BM will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of any Third Party Offerings or advertisements.

No Warranty

VisitBrisbane and BM do not warrant the accuracy, quality, completeness or reliability of any Third Party Offering.

Book Easy

BookEasy™ Secure Payment Gateway is provided using SecurePay SecureBill Product. SecureBill uses high security levels, which are standard for Internet banking and large scale e-commerce sites and involve the use of 128-bit encryption. You can check the security level of a web page by clicking on your Internet browsers padlock or key icon. Encryption is the standard way of protecting your information as it is transmitted between you and SecurePay. This involves converting the information into an unreadable code using a "key" (and also decoding it using this "key"). The longer the key, the more difficult it is for others to break the encrypted codes.

Privacy

Please view the Brisbane Marketing Privacy Policy.

Copyright

Brisbane Marketing Pty Ltd (BM) owns or licenses all content on this website and we assert our right to be recognised as the author of original material on this website. BM supports the sharing of information and the use of the website content for the purposes of private study, research, criticism or review, as permitted under copyright legislation. However, you are not permitted to reproduce or reuse content on this website for commercial purposes.

Disclaimer

Brisbane Marketing Pty Ltd (BM) distributes the information on this website as a general reference source. This website contains links to other websites operated by organisations other than BM. The other websites are outside of BM's control and links are provided for your convenience. Despite our best efforts, BM makes no warranties that the information in this publication is free of infection by computer viruses or other contamination. Brisbane Marketing Pty Ltd disclaims all responsibility and all liability (including through negligence) for all expenses, losses, damages and costs you might incur as a result of the information on this website or any linked website being inaccurate or incomplete.

Exclusion of Liability and Indemnity

You are responsible for the Content of your comments and reviews.  VisitBrisbane does not accept any liability for the Content or accuracy of your message or any liability in respect of any material submitted by users of VisitBrisbane blog and published by VisitBrisbane and BM.

You agree to indemnify and hold harmless BM in full and permanently against any third party liability, claims, costs, expenses (including legal costs) loss or damage (including consequential loss) incurred by BM or VisitBrisbane as a result of publishing any material you submit to us via the VisitBrisbane blog.

Termination

VisitBrisbane or BM may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of these terms or conditions.  In particular, VisitBrisbane or BM may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease.  All provisions of these terms and conditions which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, and exclusion of liability.  Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to VisitBrisbane or BM or any third party.

Legal Disputes

You, VisitBrisbane and BM agree that we will resolve any claim or controversy at law or equity that arises out of these terms and conditions or the Services in accordance with this Section or as you, VisitBrisbane and BM otherwise agree in writing.  Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.

Law and Forum for Legal Disputes

These terms and conditions are governed by the laws of the State of Queensland.  You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Brisbane, Queensland, except as otherwise agreed by the parties.  You agree to submit to the personal jurisdiction of the courts located within Queensland for the purpose of litigating all such claims or disputes.

Miscellaneous

These terms and conditions, as modified from time to time, constitute the entire agreement between you, VisitBrisbane and BM with respect to the use of the Site.  These terms and condition replace all prior or contemporaneous understandings or agreements, written or oral, regarding the use of the Site and constitutes the entire and exclusive agreement between the parties.  The failure of either party to exercise in any respect any right provided in these terms and conditions will not be deemed a waiver of any further rights hereunder.  If any provision of these terms and conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions will otherwise remain in full force and effect and enforceable.

These terms and conditions are not assignable, transferable, or sublicensable by you except with VisitBrisbane’s or BM’s prior written consent.  VisitBrisbane and BM may assign these terms and conditions in whole or in part at any time without your consent.  No agency, partnership, joint venture, or employment is created as a result of these terms and conditions and you do not have any authority of any kind to bind VisitBrisbane and BM in any respect whatsoever.