Coastal Stays Australia Pty Ltd - Website User Terms and ConditionsGeneral This Website User Terms and Conditions, together with the Coastal Stays Australia Pty Ltd Privacy Policy and any other additional terms, conditions, notices and disclaimers displayed elsewhere on the Website (Conditions) govern your use of and access to the Website. By accessing the Website, you agree to be bound by the Conditions. These Conditions may be modified from time to time and you should regularly review these Conditions. Your continued use of the Website and our services constitutes your agreement to these Conditions and any modifications to them. If you do not agree to, or cannot comply with, these Conditions, do not use the Website. External Third Party Website Links The Website, listings, advertisements and template websites created and published by our Advertisers on the Website, may contain links to other third party websites for your convenience and information. Coastal Stays Australia Pty Ltd (Coastal Stays Australia) does not endorse, and is not responsible for, the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Coastal Stays Australia. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Coastal Stays Australia. When you access third party websites, you do so at your own risk. We suggest that you review the terms and conditions and privacy policies of each third party site you visit. Goods and Services of our Advertisers The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers (Advertisers) are fully responsible for the accuracy of all representations made in those advertisements. Coastal Stays Australia takes no responsibility for the goods and/or services provided by the Advertisers on the Website, and is not responsible for the conduct, whether online or offline, of any Advertiser or user of the Websites. If you choose to order a product or service advertised by an Advertiser on the Website, you do so at your own risk. No agency You acknowledge and agree that Coastal Stays Australia acts as a passive conduit for your online participation with the Website. No goods or services are directly sold by Coastal Stays Australia through the Website. Coastal Stays Australia is not acting as an agent for any party, merchant or supplier and does not sell, re-sell or license any goods or services listed. Coastal Stays Australia is not involved with, or a party to any transactions that take place between you and any third party. Coastal Stays Australia is not, and can not, be involved in user-to-user dealings and / or control the behaviour of participants on the Website. Booking Reservations & Availability Calendar Coastal Stays Australia provides an availability calendar for use by accommodation and service providers who advertise on the Website, and it is the responsibility of the accommodation provider to maintain the accuracy of their calendar. Coastal Stays Australia does not accept any liability for unavailability of rooms due to an availability calendar being out of date, or for any other reason. Booking reservations will be confirmed by the accommodation provider within 24hrs of receiving your booking reservation, and will make independant arrangements to take your payment. Coastal Stays Australia is not involved with or any party to any transactions that take place between you and any third party (accommodation or service provider). Intellectual Property The Website Content is protected by copyright, trade mark and other intellectual property laws. Subject to this clause, the owner of such content placed on the Website retains any and all rights that may exist in such content. The Coastal Stays Australia logo and name are the property of Coastal Stays Australia Pty Ltd, and may not be used as part of your business or in connection with any goods and services without the prior written consent of Coastal Stays Australia. Website Content The Website Content is the property of Coastal Stays Australia and its content suppliers and Advertisers. Coastal Stays authorises you to view and access a single copy of the Website Content available on or from the Website subject to the prohibitions and limitations in these Conditions. Errors or Omissions Coastal Stays Australia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or advertiser communication. Technical Malfunctions Coastal Stays Australia is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website. Your indemnity You agree to defend, indemnify and hold harmless Coastal Stays Australia and its Personnel, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
No Liability Coastal Stays Australia and its personnel are not liable for any direct or indirect damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Website Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Coastal Stays Australia is advised of the possibility of such damages. Without limiting the above paragraph, Coastal Stays Australia does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any Advertiser in any way. No Warranty The Website is provided "AS-IS" and as available and Coastal Stays Australia expressly disclaims (to the fullest extent permitted by law) any warranty (whether express or implied) of fitness for a particular purpose or non-infringement in respect of the Website and any goods and/or services advertised on it. Without limiting the above paragraph, Coastal Stays Australia does not warrant:
These Conditions are governed by the law of the State of Victoria. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis. Severability Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected. General Disclaimer Whilst the information contained within the Website is deemed to be correct no responsibility is taken by the publisher and no claims will be entered into. Thank you for your cooperation. We hope you find the Website helpful and convenient to use. If you have questions or comments regarding this website please contact us on www.coastalstays.com/contact/ or email webmaster@coastalstays.com. If there are any technical problems with this Website, go to contact us on www.coastalstays.com/contact/ or email webmaster@coastalstays.com. This document last updated August 2010. Contact Us
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