Terms and Conditions
VisitMoretonBayRegion.com.au (“Site”) is owned and operated by Moreton Bay Region Industry and Tourism Pty Ltd (“MBRIT”) (ABN 91 604 740 936).
When referencing this Site, this also includes the Visit Moreton Bay Region eNewsletter and the Visit Moreton Bay Region social media platforms.
Although the Site is available to anyone with internet access, the Site may not be continuously available due to the need for maintenance or repairs as a result of computer problems, crashes or disruptions in the internet service or in relation to any unforeseen circumstances.
MBRIT reserves the right to temporarily or permanently de-activate or shut down access to the Site or any part or aspect of the Site without prior notice to you.
Any prices or fees charged by MBRIT are all specified or referred to in Australian Dollars.
You acknowledge and agree that you must always provide MBRIT with accurate information and that you agree to update that information immediately whenever necessary. You further agree that, in the absence of any update, we assume that the information submitted by you to MBRIT or to the Site is correct.
In order to use the Site:
· You must be a living human being (any access or use of the Site by automated method or by any bot is not permitted).
· You must be at least 18 years of age or older to use the Site (see the section titled “Users under 18”).
· When providing any information to MBRIT or on the Site you must, at a minimum, provide your full legal name and your current email address. If you operate a registered company or business, you must provide, at a minimum, the Australia Company Number (ACN) of your company, your registered business number for your business, as the case may be, as well as the current street address, the current postal address and the current email address of the company or business.
· You are completely and solely responsible for safeguarding and maintaining the security of your log in and password details for the Site. MBRIT will not in any way be liable for any loss or damage from your failure or inability to comply with the security obligations.
· You are fully, solely and completely responsible for all content and information that you provide to MBRIT or the Site and the payment information you provide together with any activity (even when the content has been posted by others who have had or have gained access to your information) that occurs in that regard. MBRIT cannot and will not in any way be liable for any loss or damage which may occur in respect to same.
· You may not use the Site for any illegal or unauthorised purpose, activity or use and must not, in using the Site, breach any laws in the jurisdiction of Queensland, Australia or within your own jurisdiction (including but not limited to any copyright laws or intellectual property laws).
MBRIT owns the intellectual property to the Content of this website. “Content” refers to anything that you may see, read, hear, upload, download or access on or via the site, including but not limited to images, artwork, words, video, sounds tags and other materials or subject-matter.
MBRIT reserves all its rights in the intellectual property published on this website.
Other than as permitted by the Copyright Act 1968 (Cth) (“Copyright Act”), or expressly authorised by MBRIT, no part of any material contained on this website or web pages can be reproduced, copied or transmitted in any form or by any means without the written consent of the copyright owner.
MBRIT owns the copyright and trademarks in the marketing logo “Visit Moreton Bay Region”, the domain name(s) VisitMoretonBayRegion www.visitmoretonbayregion.com.au , the advertising tag line (s) and the corporate logo “Visit Moreton Bay Region” and “MBRIT”.
You may not use any of the MBRIT trademarks without MBRIT’s prior written consent. All other trademarks appearing on the Site are the property of their respective owners.
If you wish to use any material from this website, please contact us by email addressed to firstname.lastname@example.org.
Content and Accuracy of Information
MBRIT provides the information and Content display on this website to promote Moreton Bay Region as a service to the community. MBRIT attempts to keep the Content of this site up to date, however does not warrant and makes no representation as to the accuracy of any information or Content displayed on the website or its suitability for your use. You must make your own enquiries to satisfy yourself that the information on this website is accurate. You should not rely solely on this information to make decisions.
The views which are expressed by members of the public who have uploaded information or Content to the Site are not the views of MBRIT and MBRIT accepts no liability whatsoever in respect to any of the information or Content posted on the Site by third parties nor is MBRIT responsible for its Content or accuracy. Any reliance you place on any information or Content posted on the Site is at your own risk.
Some of the Content on the Site, including articles, campaigns, blogs, sponsorships and promotions, constitute as paid advertising (Sponsored Content). This means that MBRIT may have received a payment or other benefit in return for publishing and/or distributing the Sponsors Content on the site (including other sites and social media platforms owned and operated by MBRIT). MBRIT does not verify, endorse or otherwise approve Sponsored Content.
Third party Content
MBRIT does not provide bookings for tourism, travel, transportation, event or other related products and services. MBRIT does not endorse or warrant the quality of any third party products or services. Any bookings are made with third parties direct or through their agents. You must contact the third parties to confirm the suitability of any bookings. Any bookings you make with third parties are subject to the terms and conditions of third parties.
Third party links
The Site provides links to websites owned and operated by third parties. MBRIT does not warrant the accuracy of information, the functionality or bona fides of any such website. Clicking on any links to external websites is at your own risk and MBRIT does not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or the description of information supplied. You must make your own enquiries to satisfy yourself that the information on third party websites is accurate. You should not rely on this information to make decisions.
Your correspondence or dealings, including business, or participation in promotions including competitions and hot offers / deals, of advertisers and members of this site, is solely between you and the advertiser / member. MBRIT is not liable or responsible for any loss or damage of any sort that may be incurred as a result of any such dealings or as the result of the presence of advertisements on the site.
Posting to the Site
The site offers businesses and individuals the facility to submit or post some Content. For Content you submit, in whatever format, you assign and agree to MBRIT all rights, title and interest in all intellectual property rights in all Content you submit. The Content will be published on the Site at MBRIT’s sole discretion and by doing so, you give consent for MBRIT to edit or adapt the Content at our sole discretion.
By uploading Content to the Site, you agree that you do not require attribution for the Content you have submitted. You will be held legally responsible for the Content you submit and will bear all risks associated with the use of any Content, including any reliance on the accuracy and usefulness of the Content.
By uploading or posting any Content to the Site, you warrant that:
· You have the rightful power and authority to provide that Content in the form and manner and name in which it is submitted;
· You own the Content and have the right to assign copyright ownership and other intellectual property rights in that Content to MBRIT;
· The Content does not violate any privacy rights, copyright, contractual rights or other rights (including but not limited to intellectual property rights) of any person, company or entity;
· The Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing or in breach of any confidence and is not defamatory, libellous, offensive or objectionable;
· If the Content in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those parties (or their parents or legal guardians, as applicable) to include them in your Content;
· Your Content does not contain any representations or material which you know or suspect (ought reasonably to have known or suspected) to be false, misleading or deceptive;
· Your Content does not contain material that has been previously broadcast, streamed, published or televised in any way (unless that previously broadcast, streamed, published or televised Content has first been approved in writing by MBRIT);
· You will not post Content or use the Site for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce;
· During the course of creating your Content, your conduct was not illegal, contrary to any law, indecent, obscene, discriminatory or harassing to any person; and
· You agree to your Content being available on the Site for public viewing and comment and that your Content may be used by MBRIT in any media for an unlimited period of time without remuneration or compensation for any purpose in MBRIT’s sole discretion.
For any Content that you submit, you agree not to upload, post, or make available any Content that is objectionable, including but not limited to:
· Content that promotes information that is false or misleading
· Content that promotes, depicts or alludes to offensive or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
· Content that exploits people in a sexual or violent manner
· Content that harasses or advocates harassment of others
· Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual
· Content that contains nudity, violence, or contains a link to an adult website
· Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities
· Upload, post, transmit or otherwise make available any Content that infringes any patent, trade mark, confidential information, copyright or other proprietary rights of any party
· Upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials
· Upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code
All Content submitted to the Site must be first approved in writing by MBRIT. Irrespective of whether or not the Content has been approved by MBRIT, there is no obligation on MBRIT to monitor the Content and MBRIT has the right, but not the obligation, in its sole discretion to refuse or remove any Content submitted.
User Generated Content
MBRIT displays User Generated Content (UGC) from social media platforms including; Facebook, Instagram, Twitter, Google+ and YouTube on the Visit Moreton Bay Region website and other digital platforms. MBRIT does not claim to have ownership to any of the images, videos or Content posted through these channels.
However, by posting to the Visit Moreton Bay Region official channels or tagging @visitmoretonbayregion or #visitmoretonbayregion you hereby grant MBRIT a non-exclusive, royalty free, worldwide, revocable, non-transferable , perpetual licence to use, modify, delete from, add to, publicly display and/ or reproduce your Content without limitation in any online media formats and through any social media channels, pages or accounts.
On the Visit Moreton Bay Region social media channels we will credit your name and / or business name but due to technical reasons, some of the UGC shared on the website may not be credited. You can revoke this licence at any time by contacting us via email at email@example.com
Furthermore, due to technical reasons, some of the UGC shared on the website is not always reviewed by MBRIT before displaying on the site and does not necessarily reflect the views of MBRIT. If you find the Content to be inappropriate or discriminatory, please contact us at firstname.lastname@example.org to report the issue.
Competitions and Deals
MBRIT may from time to time run competitions or other promotions on this Site including hot offers and deals from third-parties. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
To become a registered user, you must complete your registration details in the manner described on the website. Registration is free but non-transferable.
To become an MBRIT Member, you must complete your registration details in the manner described on the website. Membership of $396 including GST for an annual membership and is subject to change without notice at MBRIT’s sole discretion.
By becoming a registered user or MBRIT Member, you agree to provide true, accurate and complete information about yourself or business, as prompted by the registration forms. You must log into your user account in the manner required each time you wish to contribute to the site. It is your responsibility to keep this registration information up to date.
As a registered user or MBRIT Member, you are responsible for maintaining the strict confidentiality of your account login name and password and are responsible for any activity under your account and password. It is your responsibility to notify us immediately of any unauthorised use of your account or breach of security and to ensure you exit from your account at the end of each session. MBRIT will not be responsible or liable in any way whatsoever for any loss or damage arising from your failure to comply. MBRIT reserves the right to immediately terminate your access to the Site in its sole discretion and without prior notice to you irrespective of whether there is a reason or not.
Payment and Refunds
When paying for annual membership, you are must make payment by credit card only..
When making payment by credit card, you will be required to make an online payment for your annual membership fee.
A current and valid credit card is required to complete payment.
The annual membership fee payable by you is inclusive of all taxes, levies and all duties.
If your credit card does not have sufficient funds available or if your credit card fails, your online booking will not be completed. MBRIT is in no way responsible or liable for your credit card not being processed or accepted.
Given that MBRIT may use a third party provider in respect of the processing of payments made on the Site, some functionality in respect to online payments may incur or attract separate charges which are non-refundable and are made in line with that third party providers own terms and conditions.
MBRIT or its third party payment provider may, in their sole discretion, vary the credit cards accepted through the online payment service.
When making a payment, your payment will not be deemed to have been made until:
· All of the details required in order to make the payment have been entered by you completely and correctly and the details of a current and valid credit card (of a type which is accepted) are provided;
· If making a payment by direct debit, cleared funds have been received by MBRIT from you;
· If paying by cheque, payment is received by MBRIT from you in cleared funds;
· MBRIT receives all the registration details from you in order to complete registration; and
· MBRIT has successively made a charge against your nominated credit card and has received full payment for the applicable amount due.
If MBRIT receives payment from your credit card issuer that payment is subsequently reversed or dishonoured for any reason whatsoever then the payment will be deemed not have been made.
Users under 18
You are responsible for keeping the computer or device on which you are accessing the Site fee from any and all viruses and malicious programs and maintaining all appropriate security measures.
You acknowledge that your failure to do so may lead to, amongst other things, the interception of data by unauthorised parties.
MBRIT will have no liability to you whatsoever if you suffer any loss that is caused wholly or in part by your failure to keep the computer or device from which you are accessing the Site safe and secure.
MBRIT does not in any way warrant that the functions contained in MBRIT websites will be uninterrupted or without error. MBRIT will in no way be liable (in negligence or howsoever) for the propagation of computer worms, computer viruses or any other harmful components transmitted from MBRIT websites or from other third party websites.
All of the information provided on MBRIT websites is given or made on an “all due care taken, but no liability” basis.
Links and Advertising
This Site may contain links to third party websites. Those websites are not under the control of MBRIT and MBRIT is in no way responsible for the Content of the links contained in those websites or any webcasting or other transmission received from any such website.
Neither MBRIT or any of its officers, directors, employees, agents or related bodies corporate recommend or endorse the Content of any third party websites which may be linked to or from the Site, or any products or any services of any third party organisations mentioned or described on this Site or linked to or from the Site. You acknowledge that you entire any third party website at your own risk.
This Site may contain advertisements for third party goods and/or services. The third party advertisers are responsible for the accuracy of all representations they make in those advertisements. Neither MBRIT or its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site nor does MBRIT offer the goods or services for sale or make any other representation whatsoever about them. If you wish to purchase any product or service advertised by a third party on the Site, you do so at your own risk.
Disclaimer of Indemnity
The information in this Site is provided as a guide only and may have been provided to MBRIT by third parties. Irrespective of any measures taken by MBRIT to check that the information is accurate or complete, in no event will MBRIT be liable to any person in contract, tort (including, but without limitation, negligence) or otherwise if any information on this site is incomplete or inaccurate.
The internet exists across open public networks that are neither secure nor private and accordingly you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties. You also acknowledge that your access to and use of the Site, including the software operating in connection with the Site, may be interfered with by numerous factors outside of MBRIT’s control.
Neither MBRIT nor any of its officers, employees, agents or related bodies shall be liable to you or to anyone else for:
· Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network
· Any defamatory, infringing, offensive or illegal conduct or material found in connection with the Site including such conduct or material transmitted by any means by any other person
· Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with the use of the Site or information provided by you through the Site
· Any loss of revenue, loss of income, loss of profits (or any anticipated savings), business losses, loss of contracts, loss of business relationship, loss of reputation or goodwill or any loss or corruption of any information or data
· Loss of profit, goodwill, use, data or other intangible losses (even if MBRIT has been advised of the possibility of such damage) resulting from:
o the use or the inability to use the Site;
o the cost of procurement of any substitute service resulting from any information obtained through the Site;
o unauthorised access or alteration of your transmissions or data;
o statements or conduct of any third party on the Site; or
o any other matter relating to the Site itself.
If MBRIT is found to be liable to you for any damage, loss, cost or expense arising out of or in connection with your use of the Site then you agree and acknowledge that the liability of MBRIT in total aggregate shall not exceed the dollar amount of the payment made by you (or $500, whichever is the lesser).
You agree that you will not bring any claim personally against any of the officers or employees of MBRIT in respect to any losses you may suffer in connection with the Site.
The information provided on the MBRIT websites is general information and is not intended to be relied upon. You should make your own enquiries and seek independent alternative advice prior to making any decisions based on information contained in the MBRIT websites.
The material on the MBRIT websites has been obtained from sources believed to be current and accurate when published and is provided by MBRIT in good faith.
MBRIT makes no representations or warranties whatsoever that any of the material on the MBRIT websites will be relevant, accurate, reliable or complete and MBRIT does not in any way accept any responsibilities that may rise in relation to any errors or omissions contained in or derived from the material on the MBRIT websites even if those errors or omissions occur as a result of MBRIT’s negligence. Furthermore, MBRIT makes no representations whatsoever that your access of the MBRIT websites will be secure, timely or uninterrupted.
Any reliance or use of any of the material on the MBRIT websites is entirely at your own risk.
MBRIT makes no representations whatsoever as to the relevance, accuracy or currency in relation to any details placed on the MBRIT websites in relation to any businesses or service providers and makes no representations whatsoever to the safety, quality or suitability of any of the goods or services provided by those businesses or service providers.
MBRIT does not in any way endorse or recommend any product, personal service depicted on the MBRIT websites. Any product, person or service depicted on the MBRIT websites is for information purposes only. MBRIT will in no way be liable for any loss, damage, liability or inconvenience suffered by you or any other person resulting from their use or reliance upon contact details contained in the MBRIT websites. If you intend to rely on the contract details contained in the MBRIT websites, you must first satisfy yourself as to the relevance and accuracy of those contact details.
MBRIT will in no way be liable for any loss, damage, liability or inconvenience suffered by you or by any other person as a result of any internet access difficulties, malfunction of any software or equipment or in relation to any interruption, communications failure or delay in operations or communications.
Any hypertext links to any external websites, mobile applications or digital media outside of the MBRIT websites are provided by MBRIT in good faith and for your convenience only. The said external information is outside of MBRIT’s control and it is your sole responsibility to make your own decisions about the correctness, accuracy, relevance and reliability of any material found on any external website, mobile application or other digital media.
MBRIT takes no responsibility for the content of the external websites, mobile applications or digital media and makes no warranty, representations, undertakings or legal responsibility for the accuracy, usefulness, completeness or relevance of any material located via the hyperlinks or references to external websites, mobile applications or other digital media. MBRIT does not in any way endorse any content whatsoever in any external website, mobile application or digital media whatsoever.
MBRIT in no way whatsoever accepts any liability for any loss or damage suffered by you or any other person either directly or indirectly for using or relying on any material located by hypertext links or referred to in external websites, mobile applications or digital media.
Aboriginal and Torres Strait Islander users of the MBRIT websites may contain images of people who have passed away and MBRIT accepts no liability, loss or damage suffered by any person either directly or indirectly as a result of those images.
You release and indemnify, and keep MBRIT released and indemnified, against all Claims, and all costs arising from claims, brought by you or by any third parties arising from:
· The publication of Content on the Site
· Clicking on links to third party websites
· Use and reliance on information displayed on the Site
· Booking of products or services promoted by third parties on the Site
· Entering competitions or redeeming hot offers and deals provided by third parties on this Site
· Display of information about third party products and services on the Site
· Intellectual property subsisting in Content displayed on the Site
“Claims” include any and all claims for any losses or damages, including incidental or consequential damages.
You are permitted to edit, modify or update your pre-approved details or Content, provided that the edit, modification or update has been first approved in writing by MBRIT.
You must not in any way modify, adapt or hack the Site or modify any other website owned or controlled by MBRIT or any other website whatsoever so as to falsely imply that it is associated with the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion or part of the Site without the express prior written permission of MBRIT.
MBRIT may remove any Content from the Site which MBRIT believes, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, obscene or objectionable but has no obligation to do so.
Any verbal, physical, written or other threat or abuse of any customer, client, consultant, partner, employee, member or officer of MBRIT will result in the immediate termination of your access to the Site.
You understand and acknowledge that the processing of any information you provide on the Site, including your Content, may be transferred unencrypted and involve the following:
· The transmission of your said information over various networks; and
· Changes to conform or adapt your information to the technical requirements of other networks or devices.
You must in any way or by any means upload, post, host or transmit any unsolicited emails, SMS or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
MBRIT reserves the right to place or remove your name, business logo or anything else that you may upload or include on the Site.
MBRIT does not in any way warrant that:
· The Site will meet your specific requirements;
· The Site will be uninterrupted, timely, secure or error free;
· The Site will be accurate or reliable;
· The quality of the Site will meet your expectations; and
· Any errors in the information provided on the Site will be correct or corrected.
You acknowledge that where MBRIT uses any third party for any functionality within the Site, the above points will apply.
All prices are quoted in Australian dollars and include a 10% Goods and Services Tax.
© Copyright Moreton Bay Region Industry and Tourism 2015. All rights reserved.
MBRIT encourages the promotion of Moreton Bay Region destination information. We do, however, monitor use of the Content contained on visitmoretonbayregion.com.au and request all copyright enquiries be sent to info @ visitmoretonbayregion.com.au.
All implied terms, conditions and warranties regarding the functionality and security of the Site are excluded to the fullest extent possible, except for those that cannot be lawfully excluded.
You acknowledge and agree that internet transmissions and never completely or entirely secure or private and that information whatsoever sent by you may be read or intercepted by others.
You acknowledge that MBRIT has no liability to you arising out of or in connection with the interception of any data by unauthorised parties or for any events beyond MBRIT’s control.
Nothing on the Site is meant to or will constitute advice of any kind whatsoever. You acknowledge that if you require any legal or other advice that you should consult the appropriate practitioner or professional.
Release and Indemnity
To the extent permitted by law, you agree to release and hold harmless MBRIT and its current and former officers, employees and agents against and from all expenses, costs, liability, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever (including consequential and economic loss), property loss/damages and damage for injury (including personal injury and death) arising out of, caused by, attributable to or resulting from your use of the Site for any reason whatsoever.
You agree to indemnify MBRIT and its current and former officers, employees and agents for all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever (including consequential and economic loss), property loss/damage and damage for injury (including personal injury and death) incurred or suffered by MBRIT or its current or former officers, employees or agents arising out of, caused by, attributable to or resulting from your use of the Site except in respect to any such loss or damage caused or contributed to by the direct negligence caused by the current or former officers, employees or agents of MBRIT.
Use of Information
You agree that MBRIT may use your email address to send you information.
MBRIT is bound by the Privacy Act 1998 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APP”) set out within the Privacy Act which regulate the way in which personal information is handled.
You acknowledge and agree that MBRIT cannot be in any way held responsible to you as a result of force majeure.
Cases of force majeure (or acts of God) are those events usually recognised as such by the juris prudence of the courts of Queensland, Australia.
Settlement of Disputes
If you no longer wish to receive any e-newsletters or other promotional material which MBRIT may send to you, you must advise MBRIT that you wish to opt out of receiving any further e-newsletters or other promotional material.