Tradewinds
Park Pet Resort
Terms and Conditions
Your use of this site and the information available
on this site is subject to the following
Terms and Conditions:
1. Ownership
1.1 This site, www.tradewindspark.com.au ("Website"), is owned
and operated by Tradewinds Park Pet Resort ("Tradewinds Park").
2. Terminology
2.1 In these terms and conditions, the expressions "we", "us",
and "our" are references to Tradewinds Park.
3. Use of Website from outside Australia
3.1 The information on this Website ("the Information") and
the Terms and Conditions have been prepared in accordance with Australian
(Commonwealth and New South Wales) law. If you are residing in or accessing
this Website from a country other than Australia ("the User Country"),
the Information and the Terms and Conditions may not satisfy the laws
of the User Country. Should the Information and the Terms and Conditions
satisfy the laws of the User Country, then you are entitled to use the
Website. In the event that the Information or the Terms and Conditions
do not satisfy the laws of the User Country, this Website is not intended
for your use, and you are not entitled to rely on the Information. If
you do so, you agree to indemnify us for any loss or damage which we
may incur as a consequence.
3.2 We will not accept orders for products from people residing in or accessing this Website from a country other than Australia.
4. Acceptance of Terms and Conditions
4.1 Your access and use of the Website is conditional upon your acceptance
and compliance with the terms, conditions, notices and disclaimers contained
in this document and elsewhere on the Website (known collectively as
the "Terms and Conditions"). Your use of and/or continued
access to the Website constitutes your agreement to the Terms and Conditions.
4.2 We may amend the Terms and Conditions at any time by posting the amended Terms and Conditions on the Website. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
5. Restrictions on Use
5.1 The Website is available only for your personal and non-profit use.
We have the right to change or discontinue any feature of the Website,
including the Material defined in Clause 6 [Trade marks] below, hours
of availability and equipment required for access. You may make a single
hard copy of the Material. You may not otherwise copy, reproduce, republish,
frame, post, upload, distribute, transmit or modify in any way all or
any part of the material contained on this Website, unless expressly
provided for on the Website or expressly authorised in writing by Tradewinds
Park. You must not transmit or attempt to transmit
any data, code or other material of any kind to this Website which contains
a virus or other harmful component.
6. Trade marks
6.1 All names, logos and trademarks are either our property or the property
of third parties who have contributed to the Website. Nothing on the
Website should be interpreted as granting any rights to use or distribute
any names, logos or trademarks, without our express written agreement
or that of the relevant contributor. Nothing displayed on the Website
should be construed as granting any licence or right to use any name,
logo or trademark without our express permission, or that of the relevant
third party contributor.
7. Copyright
7.1 The content of this Website, including all information such as text,
graphics, images and other material ("Material"), is protected
by Australian and international copyright law. You may download a single
copy of the Material and where necessary for reference purposes, keep
a temporary copy in your computer's cache and make a single hard copy
of the Material. You may make such other use of the Material as is otherwise
expressly authorised on the Website. Unauthorised use of the Material
may violate these copyright laws.
8. No Representations
8.1 We make no representations about the accuracy, reliability, completeness
or timeliness of the Material. The Material may contain inaccuracies
or typographical errors. The use of the Website and the Material is
at your own risk. Changes are periodically made to the Website and may
be made at any time.
9. No Warranties
9.1 The Website and Material are provided on an "as is" basis
without any warranties of any kind. We disclaim all warranties to the
fullest extent permitted by law.
9.2 The Trade Practices Act 1974 (Commonwealth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website or the Material are excluded.
9.3 In addition, we do not warrant that the Website will operate error-free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
10. Limitation of Liability
10.1 Except as provided by the Prescribed Terms, neither we, our suppliers,
or any third parties mentioned on the Website shall be liable for any
loss or damage whatsoever (including, without limitation, incidental
and consequential damages, lost profits or damages) resulting from the
use or access to or inability to use and access the Website and the
Material.
11. Specific Warnings
11.1 You must ensure that your access to this Website is not illegal
or prohibited by laws which apply to you. You must take your own precautions
to ensure that the process which you employ for accessing this Website
does not expose you to the risk of viruses, malicious computer code
or other forms of interference which may damage your own computer system.
12. Taxes
12.1 Certain taxes and government charges may be payable in relation
to the use of our services. We have no responsibility for such taxes
and other government charges on transactions on or in anyway connected
with the Website. However should any charge be made by us for the supply
of goods or services on the Website, such charges are inclusive of any
goods and services tax ("GST") imposed under Australian law.
13. Internet Service Providers
13.1 If you are an internet service and/or access provider, which supplies
the Material to your subscriber, you must not use the Website in any
manner or for any purpose which is unlawful or in any manner which violates
any of our rights or which is prohibited by the Terms and Conditions.
14. Shopping
14.1 Any agreement to purchase products from a Shopping page is between
you and associated companies from whom you order the products ("the
Vendor").
14.2 We are not a party to any transaction between you and the Vendor and we exercise no control over the quality, safety or legality of the products advertised or sold.
14.3 Any purchases from or dealings with a Vendor are at your own risk. Any purchases made from a Vendor are subject to the Conditions of Purchase.
15. Hyperlinks
15.1 The Website may contain hyperlinks and other pointers to internet
websites operated by third parties ("Linked Sites"). The Linked
Sites are not under our control and we are not responsible for the content
of any Linked Site or any hyperlink contained in a Linked Site.
15.2 The inclusion of any link does not imply our endorsement of the Linked Site. You link to any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites.
15.3 The Material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. We are not liable for the prices or price changes, including where price changes have not been reflected on the relevant site.
15.4 Any purchases or dealings you have with a Linked Site are done at your own risk. We are not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Terms and Conditions of this Website. If there is any inconsistency, to the extent of the inconsistency, the Terms and Conditions of this Website prevail.
16. Advertisements
16.1 The Website display of Price Lists is an advertisement made by
the Vendor.
16.2 The Website may contain embedded hyperlinks or referral buttons to websites operated by third parties or their licensees or contractors (Advertisers). Clause 14 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by us.
17. Disputes with Linked Sites and Advertisers
17.1 As we do not and cannot be involved in your interaction with Linked
Sites and Advertisers, in the event that you have a dispute with one
or more Linked Sites or Advertisers, to the extent permitted by law,
you agree to release us (and our agents and employees) from liability
for any claims, demands and damages (actual and consequential) arising
out of or in any way connected with such disputes.
18. Termination
18.1 The Terms and Conditions are effective until terminated by us.
We may terminate this agreement and your access to the Website at any
time without notice. In the event of termination, you are no longer
authorised to access the Website. All restrictions imposed on you, disclaimers
and limitations of liability set out in the Terms and Conditions will
survive termination.
19. Governing Law
19.1 The Terms and Conditions are governed by and construed in accordance
with the laws of New South Wales, Australia. You irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the courts of New South
Wales, Australia.
20. Privacy Policy
20.1
We respect your right to privacy and we understand that visitors to
our Website need to be in control of their personal information. We
also want to present information on the Website that is tailored to
the needs of our visitors. For this reason, we may ask you to provide
personal information when you visit certain areas of our site. We will
use this information to try to ensure that the content and/or services
that we provide are tailored to your current and future needs.
20.2 We may collect Website visitors' contact information (such as their e-mail addresses). This information may be used:
(1) to answer enquiries and to accept bookings, as arranged between the Website visitor and Tradewinds Park.
(2) to send news, information about Tradewinds Park activities and general promotional material which we believe may be useful to you;
(3) to monitor who is accessing the Website or using services offered on the Website; and
(4) to profile the type of people accessing the Website.
20.3 If you do not wish to have your personal information used in this manner or for any other specific purpose, please advise us by writing to the Website Administrator, Tradewinds Park, P.O. Box 98 Woodburn NSW 2472, Australia or by sending an email to tradewindsparkpetresort@gmail.com .
20.4 If you choose not to provide personal information, you will still be granted access to most of our Websites. However, you may not have access to areas that require personal identification.
20.5 The Website may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
20.6 We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this Website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
20.7 If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
(1) we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
(2) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
(3) we are required by law to disclose the information.
20.8 We will preserve the content of any e-mail or other communication you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for troubleshooting or maintenance purposes or if any form of e-mail abuse is suspected.
20.9 In accordance with the National Privacy Principles of the Privacy Act (Commonwealth) 1988, we will not collect sensitive information about you (including information about your health, racial or ethnic origin, political or religious beliefs, philosophical beliefs, membership of professional or trade associations or unions, sexual practices and criminal records) unless you have consented to this or unless we believe we are required by law to do so.
20.10 Personal information which we collect (including your contact details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
20.11 We consider that it is the responsibility of parents to monitor their children's use of our Website. Nevertheless, it is our policy not to offer to send any promotional material to persons in that category.
20.12 You are entitled to have access to any personal information relating to you which you have previously supplied to us over this Website. You are entitled to edit or delete such information unless we are required by law to retain it.
20.13 If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, you may contact us by writing to the Website Administrator, Tradewinds Park, P.O. Box 98, Woodburn NSW 2472, Australia or by sending an email to tradewindsparkpetresort@gmail.com.
21. Security of Information
21.1 Unfortunately, no data transmission over the Internet can be guaranteed
as totally secure. Whilst we strive to protect such information, we
do not warrant and cannot ensure the security of any information which
you transmit to us. Accordingly, any information which you transmit
to us is transmitted at your own risk. Nevertheless, once we receive
your transmission, we will take reasonable steps to preserve the security
of such information.
22. Indemnity Clause
22.1 You indemnify us, regardless of any negligence on our part, against
all losses, liabilities, legal costs and other expenses incurred by
us arising directly or indirectly as a result of or in connections with
the breach by you of any provision of these Terms and Conditions or
any wilful, unlawful or negligent act by you in connection with the
supply by a Vendor to you of, or use by you of, any Product.
23. Miscellaneous
23.1 If any provision of the Terms and Conditions is found to be invalid
or unenforceable by a court of law, such invalidity or unenforceability
will not affect the remainder of the Terms and Conditions, which will
continue in full force and effect. All rights not expressly granted
are reserved. This agreement sets out the entire understanding and agreement
between Tradewinds Park and you with respect to the subject matter.
