Terms of Use

USER AGREEMENT

© Hepburn Shire Council – Visit Hepburn Shire – 2018

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

We may change these terms of use from time to time. Check before re-using any content from this website.

Every effort is made to ensure all information displayed on our site/s (visithepburnshire, visitdaylesford, visitcreswick, visitclunes, visithepburnsprings and visittrentham.com) is accurate; however, as information is supplied from the businesses listed, we not able to guarantee the accuracy of all information nor are we able to guarantee that the site is free of errors or faults. We reserve the right to change information displayed on our site (including these terms and conditions) at any time without notice to you.

Without affecting any of your statutory rights that cannot be lawfully excluded, we will not be liable for any losses, damages, liability, claims or expenses (whatsoever and irrespective of whether direct, indirect, consequential) arising from the use of or connected with our site or any products or services purchased as a result of accessing our site/s. We make no warranty or representation as to the fitness or suitability of any product or service displayed on our site.

SUPPLIER AGREEMENT

By supplying details and information through visithepburnshire, visitdaylesford, visitcreswick, visitclunes and visittrentham.com (“us”, “we”, “our”), Suppliers (“you”) agree to the following terms and conditions:

Definitions

Business – includes but is not limited to rooms in hotels, motels, serviced apartments, bed and breakfasts or other accommodation, services, tours and activities.

Business Data means data pertaining to the displayed accommodation, including supplier details, room capacity, bedding configuration, rack rates, charges for extra guests or facilities, cancellation policies and ratings listed by you that you propose to offer the public through the Site for the Advertised Price.

Advertised Price is the displayed accommodation rate, including any extra charges specified in the Business Data.

Customer means a person who enquires about goods and services through the Site.

Site means our website, designed constructed and maintained by us, that offers the facility to enquire about goods and services offered to the public at large. -16

Representations and Warranties

You represent and warrant that:

  • You are the owner and/or are legally authorised to act on behalf of the owner of the business.
  • That the business complies with all applicable laws, statutes, ordinances and regulations.
  • We do not guarantee continuous, uninterrupted, or secure access to the Site, as the operation of the Site may be interfered with by numerous factors outside our control.

Indemnities and Releases

You indemnify us against liability or loss arising from, and cost incurred in connection with, damage, loss, injury or death to any third party caused or contributed to by your act, neglect or default, or the act, neglect or default of your servants and agents;

You release us from, and agree that we are not liable for:

  • Damage, loss or injury to you arising from, and cost incurred in connection with the use of the Site unless it is caused by an act, neglect or default of ours or our agents;
  • Damage, loss or injury incurred in connection with the Site being interrupted, unavailable or not working properly, however caused.

Site Security

We shall provide you with relevant passwords to access the Site.

You agree not to publish, or make available, your password to any third party.

In the unlikely event that your password is used without your express permission you will be responsible for any loss of business or other damages that might occur or flow from the unauthorised access.

Site Content

You are solely responsible for the business data.

You agree that you shall not transmit on or through the Site any material that is, inappropriate, unlawful, obscene, threatening, abusive, and defamatory, encourages behaviour that may give rise to criminal activity, is considered adult content, is a breach of intellectual property or may give rise to civil liability. This right is in accordance with Hepburn Shire Council’s responsibilities under Australian Consumer Law. Repeated or serious cases of misleading or deceptive conduct will result in removal from the Site.

We may remove, at our sole discretion, any offending or inappropriate material from the Site without notice.

We may make changes to the Site without notice to you.

We may make changes to this agreement from time to time. Changes will be posted on the Site and you will be advised of such changes.

Information and Intellectual Property Rights

You acknowledge that we own all right, title and interests to the Site, search technology and the visithepburnshire.com, visitdaylesford.com, visitcreswick.com, visitclunes.com, visithepburnsprings.com, visittrentham.com brand, and that you will not acquire any right, title or interest in or to the Site, and that all of the software used on the Site are subject to copyright.

Termination

Either party may terminate this agreement by giving to the other party at any time notice by email of its termination of this agreement.

On termination by us, we will deactivate your passwords and remove the business data from the Site.

On termination by you, you will remove the business data from the Site.

On receipt of notice of termination by you, we will deactivate your passwords.

You acknowledge that you have no claim for compensation or otherwise from us if the agreement is terminated under this clause 8, save for any claim for payment made pursuant to clause.

Applicable Law

The law in force in the State of Victoria, Australia, applies to this agreement.