Terms and Conditions
Willow Cobram Resort Website Terms and Conditions
These Terms and Conditions constitute a legally binding contract between the user (“User”) and Cooinda Cobram Resort Pty Ltd (ACN 162 136 950) (“Willow Cobram Resort”) and apply to the User’s use of the Willow Cobram Resort website (willowcobramresort.com.au) (“Website”). By browsing or otherwise accessing the Websites, the User agrees to be bound by and comply with these Terms and Conditions.
You must read the following Terms and Conditions carefully. The Terms and Conditions contain important information about your use of the Website.
1. CHANGES TO THESE TERMS AND CONDITIONS
2. INTERNET ENVIRONMENT
2.1 The User acknowledges that the internet can be an unstable, and sometimes insecure, environment. At times the Website may not be available, the User’s communications with Willow Cobram Resort might not be received, may be lost or misdirected, or delayed.
2.2 The User must take precautions to ensure that the process which the User employs for accessing the Website does not expose the User or Willow Cobram Resort to risk of viruses, malicious computer code or other forms of interference which may damage the User’s computer system, and contains appropriate protection to prevent damage to the User’s or Willow Cobram Resort’s computer system caused by viruses, malicious computer code or other forms of interference.
2.3 The User acknowledges that:
(a) the transmission of electronic instruction to Willow Cobram Resort of the User may not be received by Willow Cobram Resort for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(b) to the extent permitted by law, Willow Cobram Resort is not liable to the User in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;
(c) Willow Cobram Resort may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to the User; and
(d) Willow Cobram Resort may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons or the User issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
2.4 The Website contains materials including information, images, and internal links (Site Materials) and may also include display of third party advertising or links to other websites operated by third parties that do not form part of the Website and are not under the control of Willow Cobram Resort (Linked Materials). In regard to the Site Materials and any Linked Materials on the Website, the User acknowledges that:
(a) due to photographic and screen limitations associated with the representation of goods and services, any photographs, images, designs, data, videos, audio, descriptions or other material that relates to our products and services are indicative only and may differ in visual appearance (for example in colour and dimensions) from the way they appear on the Website;
(b) any feature or display of Linked Materials do not form part of the Website and are not under the control of Willow Cobram Resort and Willow Cobram Resort accepts no responsibility in connection with any such site therefore the User leaves the Website entirely at its own risk;
(c) any feature or display of Linked Materials does not in any way represent that Willow Cobram Resort recommends, approves, endorses or purports to sponsor the relevant advertiser or third party, its products, services or otherwise;
(d) Willow Cobram Resort does not represent or warrant that the Site Materials or Linked Materials are free of computer viruses or other defects, and recommends the User undergoes virus checks on any downloaded Site Materials or Linked Materials. To the extent permitted by applicable laws, all warranties, representations and implied terms are excluded.
(e) the Site Materials and any Linked Materials may contain inaccuracies and typographical errors and Willow Cobram Resort makes no representations or warranties in relation to the accuracy, quality or fitness for purpose of those materials; and
(f) the User should seek legal or other professional advice before acting or relying on any information or material which is made available to the User pursuant to Willow Cobram Resort’s information service.
2.5 Except to the extent otherwise required by law (including, without limitation, the ACL), Willow Cobram Resort will not be liable to the User, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in this clause 2 or arising out of or in connection with the User accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
3. TERMINATION/ACCESS RESTRICTION
3.1 Access to this Website or any Site Materials may be terminated or modified at any time by Willow Cobram Resort at its sole discretion, with or without cause, with or without notice, effective immediately.
4. THE USER’S MATERIAL
4.1 The User acknowledges that any material made available to Willow Cobram Resort including without limitation to any material that the User uploads, transmits, comments, posts or otherwise via the Website or any applications, social media page or otherwise (User’s Material) can be used by Willow Cobram Resort, and by making the User’s Material available to Willow Cobram Resort the User grants Willow Cobram Resort a non-exclusive license to reproduce, modify, adapt and publish the User’s Material solely for the purpose of displaying, distributing and promoting the Willow Cobram Resort’s products or services.
4.2 Willow Cobram Resort retains the right to remove at any time at its sole discretion any User’s material and, should it do so, the User agrees not to repost that material without the written consent of Willow Cobram Resort.
5. INTELLECTUAL PROPERTY
5.1 Unless otherwise stated all intellectual property in the Site Materials is owned by Willow Cobram Resort and it specifically reserves all of its rights in regard to that intellectual property.
5.2 Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968, or as otherwise provided below, none of the Site Materials may be reproduced, distributed, adapted, transmitted or stored in a retrieval system without Willow Cobram Resort’s prior written consent.
5.3 Willow Cobram Resort gives permission to the user to:
(a) print copies of the Site Materials for informational, non-commercial use; and
(b) store a copy of the Site Materials on your computer for the sole purpose of viewing the Site Materials.
5.4 Willow Cobram Resort makes no warranties or representations that the Linked Materials do not infringe the intellectual property rights of a third person.
6. EXERCISE OF RIGHTS
6.1 No failure or delay on the part of Willow Cobram Resort in exercising any of its rights under these Terms and Conditions shall operate as a waiver of any of those rights;
6.2 No single or partial exercise of any of the rights of Willow Cobram Resort under these Terms and Conditions shall preclude the exercise of any rights it may have; and
6.3 The rights of Willow Cobram Resort under these Terms and Conditions are cumulative and not exclusive of any other rights that Willow Cobram Resort may have whether under Statute or by virtue of common law.
7. GENERAL REPRESENTATION AND INDEMNITY
7.1 The User represents and warrants that the use of the Website will:
(b) not infringe or misappropriate the intellectual property rights of any third party.
The User agrees to indemnify and hold harmless Willow Cobram Resort, their contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all liabilities, losses, damages, costs, claims and expenses, including but not limited to your violation of these Terms and Conditions.
9. GOVERNING LAW
9.1 The rights and obligations of Willow Cobram Resort and the User under these Terms and Conditions shall be governed in all respect by the Laws of the State of Victoria, Australia.
10.1 If any part of these Terms and Conditions are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions and provisions of these Terms and Conditions will remain in force and constitute the agreement between the User and Willow Cobram Resort.
11. PRIVACY ACT 1988 (Cth)
12. FORCE MAJEURE
12.1 Willow Cobram Resort shall not be liable in any manner whatsoever to the extent that it has been prevented from performing any obligation under these Terms and Conditions by reason of matters beyond its control, including without limitation:
(a) bank payment systems;
(b) lack of access to the Website;
(c) lack of availability for whatever reason of staff or contractors;
(d) acts of God, accidents or machinery breakdown;
(e) acts or threats of terrorism or war; or
(f) industrial disputes or strikes.
13. INTERPRETATION CLAUSE
In these Terms and Conditions words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person will be construed as including an individual, the estate of an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency.