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TERMS AND CONDITIONS – HolidayGoddess.Guide

This agreement applies between you, the User of this Web Site and Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431), the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately

Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“Holiday Goddess” means Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431 65 Murray Street Hobart TAS 7000 Australia;

Service” means collectively any online facilities, tools, services or information that Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) makes available through the Web Site either now or in the future;

“System” means any online communications infrastructure that Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by  Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) and acting in the course of their employment; and

“Web Site” means the website that you are currently using (holidaygoddess.guide) and any sub-domains of this site (e.g. alternative top level domains .tv, .net) unless expressly excluded by their own terms and conditions.

Intellectual Property

Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431), or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.

You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431).

Specifically, you agree that:

 

You will not use the Content of the Web Site for commercial purposes;

You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431).

You may, as a student of a recognised Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;

Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:

No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and

For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.

 

Third-Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

 

Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

 

Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://holidaygoddess.guide without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) . To find out more please contact us by email at [email protected].

Use of Communications Facilities and Content Submission

When given using the Forums, Groups, Community or similar and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:

you must not use obscene or vulgar language;

you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

you must not submit Content that is intended to promote or incite violence;
it is advised that posts on message boards, chat facilities or similar and communications with

Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;

you must not post links to other web sites containing any of the above types of Content;
the means by which you identify yourself must not violate these terms of use or any applicable laws;

you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

you must not impersonate other people, particularly employees and representatives of Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) or our affiliates;

you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

You acknowledge that Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  reserves the right to monitor any and all communications made to us or using our System.

In order to use the Forums, Community, Groups and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:

any information you submit is accurate and truthful; and

you will keep this information accurate and up-to-date.

By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  accepts no responsibility or liability for any infringement of third party rights by such Content. [Further, you waive all moral rights in the Content to be named as its author and grant Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  a licence to modify the Content as necessary for its inclusion on the Web Site. Holiday Goddess (Media GoddessLtd) accepts no responsibility or liability for any infringement of third party rights by such Content.]

Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk. All photographs on Holiday Goddess are copyright the photographer and/or author – when uncredited, the photographs appear under the Creative Commons licence distributed via Wikimedia Commons. Holiday Goddess editors travel at their own expense unless stated, as a guest, and in the latter case are solely responsible for all and any arrangements made including travel insurance. If you are hosting a Holiday Goddess editor at your expense please note you must be in receipt of a form letter from Holiday Goddess no later than seven days before commencement. If you have not received this please contact the Managing Editor Jessica Adams at [email protected].

Unless a User informs Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  otherwise, in advance of posting, in writing, and Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) may deem appropriate under a royalty-free, perpetual basis.

Content submitted by Users is not screened by Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to [email protected]. This does not constitute an undertaking to explain our actions.

Termination and Suspension

In the event that any of the provisions of Sub-Clause 7.1, above, are not followed, Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

Privacy

Use of the Web Site is also governed by our Privacy Policy (see end of these Terms and Conditions) which is incorporated into these by this reference.)

Disclaimers

Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

Whilst every effort has been made to ensure that all descriptions of services available from Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  correspond to the actual services available, Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) is not responsible for any variations from these descriptions.

Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality

Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship
Limitation of Liability

To the maximum extent permitted by law, Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Holiday Goddess (Media Goddess Ltd’s) liability for death or personal injury resulting from any negligence or fraud on the part of Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431).

Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant laws, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction

These terms and conditions and the relationship between you and Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431)  shall be governed by and construed in accordance with the laws of the Commonwealth of Australia (Jessica Adams Proprietary Limited ACN 644668431)  and you agree to submit to the exclusive jurisdiction of the Courts of Tasmania, Australia.

 

PRIVACY POLICY – HOLIDAY GODDESS

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

(1) What information do we collect?

We may collect, store and use the following kinds of personal data:

[(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type, referral source, length of visit and number of page views]);]

[(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;

[(c) information that you provide to us for the purpose of registering with us;

[(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;

[(e) any other information that you choose to send to us;

[(2) Cookies

15. A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We [may] use [both] [“session” cookies] [and “persistent” cookies] on the website. [We will use the session cookies to: keep track of you whilst you navigate the website; We will use the persistent cookies to: enable our website to recognise you when you visit;

[Session cookies will be deleted from your computer when you close your browser.] [Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.]

16. [We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.]

17. [Our [advertisers/payment services providers] may also send you cookies.]

18. Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites [, including this one].]

19. (3) Using your personal data
20. Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

[(a) administer the website;]

[(b) improve your browsing experience by personalising the website;]

[(c) enable your use of the services available on the website;]

[(d) send to you goods purchased via the website, and supply to you services purchased via the website;]

[(e) send statements and invoices to you, and collect payments from you;]

[(f) send you general (non-marketing) commercial communications;]

[(g) send you email notifications which you have specifically requested;]

[(h) send to you [our newsletter and other] marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications) ;]

[(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;]

[(j) deal with enquiries and complaints made by or about you relating to the website; and]

[(k) OTHER USES.]

[Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.]

[We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.]

[All our website financial transactions are handled through our payment services provider, Paypal. You should only provide your personal information to Paypal after reviewing the Paypal privacy policy (available at www.paypal.com). We will share information with Paypal only to the extent necessary for the purposes of processing payments you make via our website.]

21. (4) Disclosures
22. We may disclose information about you to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

[(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.]

Except as provided in this privacy policy, we will not provide your information to third parties.

[(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

If you are in the European Economic Area (EEA), information which you provide may be transferred to countries [(including [the United States], [Japan], [OTHER COUNTRIES])] which do not have data protection laws equivalent to those in force in the EEA.

[In addition, [personal information that you submit for publication on the website] will be published on the internet and may be available, via the internet, around the world.]

You expressly agree to such transfers of personal information.

23. (6) Security of your personal data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

[We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].]

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

[You are responsible for keeping your password and user details confidential. We will not ask you for your password.]

24. (7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

[We may also notify you of changes to our privacy policy by email.]

25. (8) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).

You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)

26. (9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(10) Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

27. (11) Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to [email protected].

(12) Data controller

The data controller responsible for our website is [Holiday Goddess (Jessica Adams Proprietary Limited ACN 644668431) ].

 

Quick Guide

1. Access to and use of this website and its sister domains – and other internet presences – is provided by Holiday Goddess subject to the following Terms and Conditions

2. Use of this site constitutes your acceptance of these Terms and Conditions which take effect when you first use this site or its other internet presences. Holiday Goddess reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing such changes. Your continued use of this site after changes are posted constitutes your acceptance of this.

3.Holiday Goddess endeavours to ensure that this site is normally available 24 hours a day, but will not be liable if for any reason the site is unavailable at any time or for any period.

4. Access to this site may be suspended without notice.

5. Whilst Holiday Goddess endeavours to ensure that the information on this site is correct and its other internet presences, no warranty, express or implied, is given as to its accuracy and Holiday Goddess does not accept any liability for error or omission.

6. Part of this site contains materials submitted to Holiday Goddess by third parties. Third parties are responsible for ensuring that materials submitted for inclusion on this site complies with national and relevant foreign law. Holiday Goddess does not guarantee the accuracy of this material and hereby expressly disclaims any responsibility for error, omission or inaccuracy in the material, misinterpretation and any all loss, disappointment, negligence or damage caused by reliance on the material contained on this site or any failure or alleged failure in the delivery of the services referred to herein, or in event of the bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. Confirmation of the accuracy and currency in the information should be sought from the establishments concerned.

7. Holiday Goddess shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.  This also applies to other internet presences.

8. Holiday Goddess accepts no responsibility for the content of the linked site or internet presence. Such links are provided for your convenience on an “as is” basis with no warranty, express or implied, for the information provided within them.

9. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

10. By accessing any part of this site, you should be deemed to have accepted these Terms in full.

11. These Terms shall be governed by and construed in accordance with Australian law.