Bedarra

(Last updated on 21 September 2009)

These terms and conditions (Terms) govern your rights, responsibilities and obligations as a user of www.bedarra.com.au (Site).  The Site is owned and operated by Bedarra Resort Pty Ltd ACN 137 663 999 ("we", "our" or "us").  "You" or "your" means a user of the Site.

By using this Site you agree to be bound by these Terms.

We may revise these Terms from time to time by updating this posting. The revised terms will take effect when they are posted and your continued use of the Site signifies your agreement to be bound by the amended Terms. Your use of some parts or features of the Site may also be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:

1. will apply to your use of such parts of the Site or features in addition to these Terms; and

2. will prevail over these Terms to the extent of any inconsistency.

Intellectual Property Rights

You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights. In these Terms, Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

Unless you are expressly authorised by us or by law do to so, you must not yourself or with others, participate in or permit any other person, to:

1.    sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, reverse engineer, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or

2.    otherwise infringe the intellectual property rights of any person in using the Site or any Content.

Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated.
You agree that our marketing logos and our corporate logo "Bedarra" are our trademarks. All rights in these trademarks are reserved by us. All other trademarks appearing on our Site are the property of their respective owners.

Content of the Site

We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.

You acknowledge that the Content on the Site is liable to change at any time.

All prices quoted on the Site are in Australian dollars, unless otherwise indicated.

Prices quoted on the Site should be used as a guide only as they may change from time to time.

Privacy

We are committed to protecting your privacy in accordance with our Privacy Policy.  By accessing the Site you agree to the terms of our Privacy Policy.

Your use of the Site

You must not:

1.    disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

2.    reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;

3.    violate any relevant laws relating to your use of the Site; or

4.    collect or store personal data about other users of the Site.

Links and Advertisements

We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the material, descriptions or information contained on external sites.

You must not use any automated screen capture or screen scraping technologies to obtain information or content from the Site without our prior written approval.

From time to time, the Site may contain advertisements for goods and services of third parties.  Your correspondence or dealings with, or participation in promotions of, any advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

Use of the Site is at Your Risk

To the extent permitted by law, we exclude all representations and warranties and you use the Site at your risk and everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the extent permitted by law our aggregate liability to you, whether for breach of these Terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Site is limited to the following, the choice of which is at our sole discretion:

In the case of goods any one or more of the following:

1.    the replacement of the goods or the supply of equivalent goods;
2.    the repair of the goods;
3.    the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4.    the payment of the cost of having the goods repaired; or

In the case of services:

1.    the supply of the services again; or
2.    the payment of the cost of having the services supplied again.

To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to,  use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage or loss.

General Provisions

If any part of these Terms is held to be unenforceable, the unenforceable part shall be severed and the remainder will remain in full force and effect.

Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.