Charlotte Pass Ski Resort Website Terms & Conditions

1 July 2009

Please read this legal statement carefully before using this Website.

Ownership

This website, www.charlottepass.com.au (Website) is owned and operated by Charlotte Pass Village Pty Ltd (Charlotte Pass Ski Resort - ABN 40 001 261 892).

Acceptance

Your use of, or access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the Terms of Use). By continuing to use, or access this Website, you agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, please stop using the Website immediately.

Charlotte Pass Ski Resort may at any time vary, revise, add, amend, modify, or delete any part of these Terms of Use or the Website by publishing the variations on the Website. The amended Terms of Use will be effective immediately and you will be bound by the amended Terms of Use from that time. Since you are bound by the Terms of Use, you should periodically refer to them.

Termination

The Terms of Use are effective until terminated by Charlotte Pass Ski Resort. Charlotte Pass Ski Resort may terminate these Terms of Use and your access to the Website at any time without notice. If you violate any Terms of Use, your right to use and access the Website automatically terminates. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms of Use, will survive termination.

Restrictions on use

This Website is available only for your personal, non-commercial use. Participating in any forums and your use of the Website must only be for personal reasons.

You must not reproduce, distribute, publicly perform, publicly display or create derivative works of the any of the content appearing on the Website (Content) unless authorised by Charlotte Pass Ski Resort (and where appropriate the appropriate the copyright owner).

You must not copy, reproduce, republish, post, upload, distribute, transmit or modify in any way all or any part of the Content, unless expressly provided for on the Website or expressly authorised by Charlotte Pass Ski Resort.

You agree not to post or transmit through this Website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, scandalous, pornographic, objectionable, which gives rise to civil or criminal liability or otherwise violates any local, state or federal law. You may not engage in any activity on this Website that restricts or inhibits any other user from enjoying or using this Website.

You may not post or transmit through this Website any advertising or commercial materials or promotional materials relating to services or companies that are competitive with Charlotte Pass Ski Resort.

Charlotte Pass Ski Resort may monitor the content of this Website to determine compliance with the Terms of Use. Charlotte Pass Ski Resort has the right to edit, refuse to post, or remove any material or submission submitted to or posted to this Website that Charlotte Pass Ski Resort finds to be in violation of these Terms of Use or otherwise objectionable.

Reliance on information

This Website has been compiled in good faith and with all reasonable care. You should be aware that all Content is provided on an ‘as is’ basis and may be incomplete, contain errors, omissions, misrepresentations or may be delayed, interrupted or have become out of date.

No warranties or representations

The Website and Content are provided on an ‘as is’ basis without any warranties of any kind. Charlotte Pass Ski Resort, to the fullest extent permitted by law, disclaims all warranties. You acknowledge that you have not relied on any representation made by Charlotte Pass Ski Resort which has not been stated expressly in these Terms of Use.

Charlotte Pass Ski Resort does not warrant that access to this Website will be uninterrupted, the services offered on the Website will be error-free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Charlotte Pass Ski Resort recommends that prior to using any downloaded file, you carry out an appropriate virus check.

Limitation of liability

Charlotte Pass Ski Resort and its directors, employees, suppliers, or any third parties mentioned on the Website shall not be liable for any loss or damage whatsoever (including, without limitation, incidental, special and/or consequential damages or lost profits) resulting from or relating in any way to the Content included on the Website and any use or access of, or any inability to use or access, the Website and the Content.

You agree not to carry on any activity in relation to the Website which might involve Charlotte Pass Ski Resort in liability. If you do engage in any such activity, you agree to grant Charlotte Pass Ski Resort an unlimited indemnity with respect to your conduct.

Links

Content displayed on this Website and links on or from this Website may lead to or be sourced from sites and resources located on servers operated and maintained by third parties, over which Charlotte Pass Ski Resort have no control (Third Party Sites). Links to Third Party Sites are provided for convenience only and should not be construed as an endorsement or recommendation by Charlotte Pass Ski Resort of any Third Party Site referred to.

Any third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on a Third Party Site.

Charlotte Pass Ski Resort accepts no liability for loss of any kind arising from content or materials available on Third Party Sites or the use of links. Third Party Sites contain their own terms of use which you should read carefully. You link to Third Party Sites entirely at your own risk.

Privacy

By using this Website, you are taken to consent to Charlotte Pass Ski Resort’s privacy policy (www.charlottepass.com.au/read/read__.html).

Intellectual Property

You acknowledge that the Content in this Website is the subject of intellectual property and legal rights (including third party rights). You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights.

The Content of the Website is protected by Australian and international copyright law. Unauthorised use of the Content may violate these laws.

Other than as expressly permitted by law or these Terms of Use, no part of the Content may, without the specific prior written consent of Charlotte Pass Ski Resort or its affiliates, be directly or indirectly:

(1) used, copied, reproduced, translated, reused, transmitted, retransmitted, adapted, varied, removed, altered, modified, stored, published, republished, broadcasted, linked, distributed, framed, posted, uploaded, rewritten, broadcasted, stored;

(2) performed in public;

(3) incorporated into any other web site or used for any commercial purpose;

(4) stored in a retrieval system, by any means, including but not limited to graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system;

(5) used in any manner or for any purpose which is unlawful; or

(6) used in any manner which violates any right of Charlotte Pass Ski Resort (or an affiliate of Charlotte Pass Ski Resort) or which is prohibited by Charlotte Pass Ski Resort.

Some of the copyright in the Content of the website is included on the Website under a licence from third parties. Any permission to use, copy or reproduce that Content (other than in the course of viewing this Website) must be obtained from the copyright owner.

All names, logos and trademarks (both registered and unregistered) identifying Charlotte Pass Ski Resort are the property of Charlotte Pass Ski Resort. Nothing contained on this Website should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed on the Website without the express written permission of Charlotte Pass Ski Resort.

Online bookings

Where you make a purchase through this Site, you are bound by the Charlotte Pass Ski Resort Booking Terms and Conditions, in relation to that purchase/ booking.

Governing law

All matters relating to this Website are governed by and are to be construed according to the laws applicable in the State of New South Wales and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and Australia

< News Archive