Melbourne Sightseeing Cruise: Port & Docklands

APPLICATION OF THESE TERMS AND CONDITIONS

You agree that your use of the supplier Website and the purchase of any ticket, goods or services will be governed by these terms and conditions (“Terms of Use”).

If the supplier suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify the supplier for those losses and damages.

REGISTRATION

You may be asked to provide Personal Information to the supplier before purchasing any ticket, goods or services from the supplier Website, before entering any competition on the Website or before registering as a member of the supplier Website. If you do not provide that Personal Information to the supplier, the supplier may not be able to sell you tickets, goods or services, enter you into that competition or register you as a member.

All Personal Information the supplier collects from its Website will be maintained in accordance with the supplier’s Privacy Policy.

You acknowledge that if you do not register as a member of the supplier Website, parts of the supplier Website designed for registered members may not be accessible to you. Employees of the supplier and its related bodies corporate are entitled to become members of the Website, but are not entitled to enter any competitions on the Website.

The supplier will use its reasonable endeavours to maintain the security of any Personal Information that you provide. The supplier Website has security measures in place to protect the loss, misuse and alteration of the information under the supplier’s control. However, no data transmission over the internet can be completely secure, and the supplier cannot give an absolute assurance that the information you provide to the supplier will be secure at all times.

The supplier may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.

GIFT VOUCHERS

A gift voucher cannot be redeemed for cash, must not be on-sold without the written permission of the supplier, is non-refundable and is not available for exchange, unless required by law.

Prices listed are valid for purchases made via online only.

GST

Prices on the supplier Website include GST where applicable.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on the supplier Website (“Website Content”) are owned by the supplier, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.

You agree that you will not do any of the following without the supplier written permission:

use the supplier trademarks, except for printing out a copy of the supplier Website or as part of a reference to one of the supplier product or service;

reproduce, copy, modify, merge, adapt, translate, re publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;

transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;

use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or

anything else which would infringe the supplier’ rights or the rights of  the suppplier’ content suppliers.

You may view this Website using a web “browser” so long as you don’t change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non commercial use, you may save a single copy, print one or download one.

REPRESENTATIONS AND WARRANTIES

You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided “as is” without warranties of any kind, express or implied.

You acknowledge that, apart from where stated to the contrary on this Website, the supplier has not made any representations or given any warranties:

as to the functionality or content of this Website;

as to the accuracy or completeness of any Website Content;

that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses;

that any links contained on this Website will provide you with any useful information;

DISCLAIMER

Except as provided by law, neither the supplier nor its affiliates nor the employees, officers and agents of the supplier or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:

your use of this Website;

the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;

your use of any websites that this Website links to;

any tickets or other goods or services supplied pursuant to these Terms of Use; or

in respect of the failure of the supplier to comply with its obligations under these Terms of Use.

IMPLIED TERMS

Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms of Use. However, the liability of the supplier for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of the supplier, to one or more of the following:If the breach relates to goods:

the replacement of the goods or the supply of equivalent goods;

the repair of such goods;

the payment of the cost of replacing the goods or of acquiring equivalent goods; or

the payment of the cost of having the goods repaired; and

If the breach relates to services:

the supplying of the services again; or

the payment of the cost of having the services supplied again.

GOVERNING LAW

These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.

You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.