WEB SITE TERMS AND CONDITIONS

This web site and the related web sites contained herein (collectively referred to as "the Site") provide information on hotels and resorts that may be owned, managed and/or franchised by The All Seasons Cairns Gateway Resort. The Site also provides access to a booking facility for internet only Deals.

The All Seasons Cairns Gateway Resort reserves the right to change, modify, add or remove sections of these Web Site Terms and Conditions and to add to, change or discontinue the products, programs and information contained in, or any other aspect of, the Site at any time and without notice or liability. Please check the Site regularly for changes.

Personal and Non-commercial Use Limitation

The Site is for your personal, non-commercial use. You may not modify, adapt, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or service found on or obtained from the Site (collectively, "The All Seasons Cairns Gateway Resort Information""); provided that you may download, reproduce, and retransmit The All Seasons Cairns Gateway Resort Information solely for non-commercial purposes within your organisation. With the exception of the foregoing limited authorisation, no licence or right in any copyright or other intellectual or industrial property right of The All Seasons Cairns Gateway Resort or any other party is granted or conferred to you.

Exclusions and Liability

The Site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to:

warranties that your use or operation of the Site will be uninterrupted, virus free or error free;
warranties that the Site will be free of omission or inaccuracies; or
implied warranties of merchantability or fitness for a particular purpose, other than those warranties or conditions which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Nothing in these Web Site Terms and Conditions has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by the Trade Practices Act 1974 (Commonwealth of Australia), the New Zealand Consumer Guarantees Act 1993 or any other legislative provision.

Where The All Seasons Cairns Gateway Resort is not entitled to exclude a warranty, condition or term implied by law, and to the extent permitted by law, The All Seasons Cairns Gateway Resort's liability for breach of any such warranty, condition or term is limited to:

in the case of services, at the option of The All Seasons Cairns Gateway Resort, either the re supply of the services or payment of the cost of having the services re supplied; and

in the case of goods, at the option of The All Seasons Cairns Gateway Resort, either the re supply of the goods or payment of the cost of having the goods re supplied

Your use of the Site and your acquisition of services through the Site is at your own risk. To the extent permitted by law, The All Seasons Cairns Gateway Resort, its agents, representatives or licensors shall not be liable for any loss or injury or any damages whatsoever, whether direct, indirect, exemplary, punitive, special, incidental, consequential or otherwise, including without limitation claims for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, resulting from, or in any way connected to, the use of or access to, or inability to use or access the Site or any information presented on the Site or any services provided through the Site, in each case regardless of whether based in contract, tort (including without limitation) negligence, equity, strict liability, statute or any other basis.

Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. If a jurisdiction does not allow the exclusion or limitation of liability in The All Seasons Cairns Gateway Resortdance with the foregoing but allows limitations of liability to a certain maximum extent, then The All Seasons Cairns Gateway Resort's liability is limited to that extent.

To the extent permitted by law, you hereby waive any and all claims against The All Seasons Cairns Gateway Resort, its agents, representatives and licensors arising out of your use of the Site or any other The All Seasons Cairns Gateway Resort Information.

Copyright and Proprietary Rights Information

The Site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of The All Seasons Cairns Gateway Resort and/or other third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of The All Seasons Cairns Gateway Resort and/or other third parties is granted to or conferred upon you. Any reproduction or use of any of the contents of the Site, without the express written consent of The All Seasons Cairns Gateway Resort or unless expressly authorised by law, is prohibited.

Your Representations and Warranties
You represent and warrant that:

a. all information that you Submit is true and accurate;
b. all content Submitted by you is owned by you and The All Seasons Cairns Gateway Resort's use of such content does not infringe or violate the intellectual property rights or any other rights of any third parties.

You acknowledge that The All Seasons Cairns Gateway Resort may use information provided through your use of the Site as provided for in the Privacy Policy .

Linked Web Sites

The Site may contain links (including, without limitation, sites linked through advertisements) which will enable you to leave the Site. The All Seasons Cairns Gateway Resort does not review or monitor any web sites linked to the Site and is not responsible for the content or accuracy of any such linked web sites. Your linking to any web sites is at your sole risk and subject to the terms and conditions of those sites. The All Seasons Cairns Gateway Resort is not responsible for the information, products, or services obtained on such other sites and will not be liable for any loss or damage arising from your access to or use of such sites. Any links to other sites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement of the linked sites or the content therein. In addition, you agree not to link your web sites or any other third party web site to the Site without the express prior written consent of The All Seasons Cairns Gateway Resort.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for a purpose that is unlawful or prohibited by these Web Site Terms and Conditions and notices.

Without limitation to the foregoing paragraph, if you use the Site you are solely responsible for any content Submitted by you. You must not:

use the Site for any purpose in violation of any Applicable Laws;
impersonate any person, entity or corporation, or Submit a fictitious name or entity;
Submit any content that: infringes the intellectual property rights of any third party;
is unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity;
contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, junk mail, spam, chain letters, or any unsolicited mass distribution of e-mail;
contains a survey, contest, or pyramid scheme; or
contains an improper question;
stalk, harass or otherwise harm others;
distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer;
collect or store personal data about other users of the Site for any purpose;
induce, entice, solicit, recruit, lure, or attempt to induce, entice, solicit, recruit, or lure other users or any of The All Seasons Cairns Gateway Resort's employees, agents or contractors to another web site which, in The All Seasons Cairns Gateway Resort's reasonable opinion, is a competitor of The All Seasons Cairns Gateway Resort; or
engage in any other conduct that inhibits any other person from using or enjoying the Site.

Indemnity

You agree to defend, indemnify and hold harmless The All Seasons Cairns Gateway Resort and The All Seasons Cairns Gateway Resort, and each of their officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of these Web Site Terms and Conditions.

Governing Law

These Web Site Terms and Conditions will be governed by the laws of New South Wales , Australia , and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales , Australia .

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The All Seasons Cairns Gateway Resort as a result of this agreement or use of the Site.

Any rights not expressly granted to you herein are expressly reserved by The All Seasons Cairns Gateway Resort. The All Seasons Cairns Gateway Resort are direct and intended third party beneficiaries of these Web Site Terms and Conditions and may enforce these Web Site Terms and Conditions directly against you.

If any part of these Web Site Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Web Site Terms and Conditions constitute the entire agreement between The All Seasons Cairns Gateway Resort and you in relation to the Site, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between The All Seasons Cairns Gateway Resort and you in relation to the Site.

Your use of the Site is conducted electronically and you agree that The All Seasons Cairns Gateway Resort may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.