PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.
- TERMS OF WEBSITE USE
1.1. These Terms of Use (together with the documents referred to in it) apply to the entire content of this website under the domain name www.scape.com.au and scape.com.au (the Website), whether you make use of the Website as a guest or a registered user. Use of the Website includes accessing, browsing or registering to use the Website.
1.2. Please read these Terms of Use carefully before using the Website. By using the Website, you confirm that you accept these Terms of Use and that you agree to comply with them.
1.3. If you do not accept these Terms of Use, you must not use the Website.
- OTHER APPLICABLE TERMS
2.1. These Terms of Use refer to our Privacy Policy, which also applies to your use of the Website. Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
2.2. If you book a room on the Website, our Booking Terms and Conditions will apply to the booking.
- INFORMATION ABOUT US
The Website is operated by Scape Australia Management Pty Ltd (we, us or our). Our ABN is 47 603 368 609 and our registered office is Level 14, 275 George Street, Sydney NSW 2000 Australia.
- CHANGES TO THESE TERMS
We may revise these Terms of Use at any time by updating this page. Please check this page from time to time to review any changes that have been made as they are binding on you.
- CHANGES TO THE WEBSITE
5.1. We may make changes to the material on the Website or to the products, services and/or prices described in it at any time without notice. The material on the Website may be out of date and we make no commitment to update such material.
5.2. While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website, nor do we guarantee that the Website, or any content on it, will be free from errors or omissions.
- ACCESSING THE WEBSITE
6.1. You may access most areas of the Website without registering your details with us; however, certain areas of the Website are only open to you if you register.
6.2. We do not guarantee that the Website or any content on it will always be available or be uninterrupted. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
6.3. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice.
- REGISTRATION
7.1. Please note that each registered account is for a single user only.
7.2. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. Responsibility for the security of any such user name or password rests with you.
7.3. We reserve the right to disable any user name or password, whether chosen by you or issued by us, at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
- INTELLECTUAL PROPERTY RIGHTS
8.1. Unless otherwise stated, all intellectual property rights in the Website and in the material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. All such rights are reserved.
8.2. You are permitted to print and download extracts from the Website for your own personal use provided:
- documents or related graphics are not modified in any way;
- graphics on the Website are not used separately from any accompanying text; and
- our status (and that of any identified contributors) as the authors of the content on the Website is always acknowledged.
8.3. No part of the Website may be reproduced or stored in any other website, or included in any public or private electronic retrieval system or service without our prior written permission.
8.4. Any use of extracts from the Website other than in accordance with the above is prohibited. If you print off, copy or download any part of the Website in breach of these Terms of Use, your permission to use the Website will automatically terminate and you must immediately destroy any copies of the extracts you have made.
- NO RELIANCE ON INFORMATION
9.1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content on the Website.
9.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up-to-date.
- LIMITATION OF OUR LIABILITY
10.1. Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Australian law.
10.2. To the maximum extent permitted by law, we exclude all representations, warranties, conditions or other terms which may apply to the Website or any content on it, whether express or implied.
10.3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website, or use of or reliance on any content displayed on the Website.
10.4. If you are a business user, please note that in particular we will not be liable for loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
10.5. If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, software, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
10.7. We assume no responsibility for the content of websites linked on the Website, and such links should not be interpreted as endorsements by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of any linked website.
- ACCEPTABLE USE POLICY
11.1. PROHIBITED USES
11.1.1. You may use the Website for lawful purposes only. You are prohibited from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
11.1.2. You must not misuse the Website (including, without limitation, by hacking).
11.1.3. Additionally, you agree that you will not:
- copy, reproduce, modify, distribute or publicly display any content (except for your information) from our Website in contravention of these Terms of Use; or
- access without authority, interfere with, damage or disrupt:
· any part of the Website;
· any equipment or network on which the Website is stored;
· any software used in the provision of the Website; or
· any equipment, network or software owned or used by any third party.
11.2. MESSAGE BOARD
11.2.1. We may from time to time provide interactive services on the Website, including a message board. You agree to use any such interactive service in accordance with our Content Standards (as set out below).
11.2.2. Please note, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards.
11.2.3. If you are under the age of 18, please get a parent or guardian’s permission before making use of our interactive services.
11.3. CONTENT STANDARDS
11.3.1. These Content Standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it. You must comply with the spirit of the following Content Standards as well as the letter.
11.3.2. In addition, you warrant that any such contribution does comply with these Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3.3. Contributions must:
- be civil and in good taste;
- be accurate (where they state facts) and genuinely held (where they state opinions); and
- comply with all applicable laws.
11.3.4. Contributions must not:
- contain any material which is obscene, offensive, vulgar, abusive, hateful or threatening, all of which is prohibited;
- be defamatory of any person;
- be unlawful or objectionable (including but not limited to sexist, racist, homophobic, obscene, pornographic or defamatory);
- refer to operator website addresses without our permission;
- infringe any copyright, database right or trade mark of any other person;
- promote any illegal activity;
- invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person; or
- be used to impersonate any person or to misrepresent your identity or affiliation with any person.
11.3.5. For your own personal safety and security you must not reveal any personal information about yourself or anyone else (for example telephone or mobile number, or home address) in any contribution.
11.3.6. Other than personally identifiable information which is covered by our Privacy Policy, any content you upload to the Website will be considered non-confidential and non-proprietary. We have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
11.3.7. We reserve the right to delete any contribution at our sole discretion and at any time without notice.
11.3.8. We do not endorse the content of any contribution submitted by a user to the Website.
11.3.9. We will not be responsible or liable to any third party for the content or accuracy of any contribution posted by you or any other user of the Website.
11.4. SUSPENSION AND TERMINATION
11.4.1. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Website. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate, including revoking your permission to use any or all of the services on the Website either permanently or temporarily.
11.4.2. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this Acceptable Use Policy.
11.4.3. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
11.4.4. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.
- VIRUSES
12.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
12.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
12.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- LINKING TO THE WEBSITE
13.1. If you wish to create a link to the Website, you must contact us in advance to seek permission to do so.
13.2. If permission is granted, you may only create a link to the Website provided the following is satisfied:
- you link to, but do not replicate, the home page of the Website;
- you do not remove, distort or otherwise alter the size or appearance of our logo, trademark or trade name;
- you do not create a frame or any other browser or border environment around the Website;
- you do not in any way imply that we are endorsing any product or service other than our own;
- you do not misrepresent your relationship with us nor present any other false information about us;
- you do not use any logo, trademark or trade name displayed on the Website without express written permission from us;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, or that infringes any intellectual property rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
13.3. We expressly reserve the right to withdraw linking permission for breach of these Terms of Use and to take any action we deem appropriate.
13.4. You shall fully indemnify us for any loss or damage suffered by us or any of our group companies for breach of this part 13 (Linking to the Website).
- THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
- GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with Australian law. Disputes arising in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Australian courts, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.
- CONTACT US
To contact us, please email [email protected].