These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site.
Use of this site
1. eTourism Holidays is the owner and operator of this Site.
2. Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at eTourism Holidays’ sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
3. All intellectual property in relation to content on this Site belongs to eTourism Holidays or its merchants, licensors, advertisers or affiliates. You obtain no interest in that intellectual property.
4. Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by eTourism. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 Cth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• commercialise any information, products or services obtained from any part of this website; without our written permission or, in the case of third party material, from the owner of the copyright in that material.
5. The eTourism logo, the logos of the eTourism Holidays’ sites are the property of eTourism Holidays or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark displayed on the Site, without the express written permission of the relevant owner.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark that may belong to eTourism or to third parties.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
• in or as the whole or part of your own trade marks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this website).
Liability & Indemnity
6. eTourism Holidays does not warrant the accuracy of the content on the Site. The content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at eTourism Holidays sole discretion and without notice.
7. eTourism Holidays will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
8. eTourism Holidays does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that eTourism or the server that makes it available, are free of viruses or bugs.
9. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of eTourismHolidays , for any breach of a term or condition implied by law is limited at eTourism Holidays discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
10. You indemnify eTourism, eTourism Holidays and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
11. This site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that content.
12. This site may include links to third party sites which are not related to eTourism Holidays and in relation to which eTourism Holidays has no control or interest.
The appearance of those links on this site does not indicate any relationship between eTourism and that third party or any endorsement by eTourism Holidays of that third party, its site or the products or services which it is advertising on this Site.
13. When you submit content to eTourism Holidays in any format, including any text, photographs, graphics, video or audio, you grant eTourism Holidays a non-exclusive, royalty-free, perpetual license to publish that content.
14. You agree that eTourism Holidays can use that content in any way, now and in the future. eTourism Holidays also reserves the right not to use the content you submit.
15. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
16. You indemnify eTourism Holidays against any and all legal fees, damages and other expenses that may be incurred by eTourism Holidays as a result of a breach of the above warranty.
17. You waive any moral right sin your contribution for the purposes of its submission to and publication on the Site.
18. These Terms & Condition shall be governed by and interpreted in accordance with the laws of Australia.
19. Users will not use this site for any purpose or in any way which is unlawful.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If eTourism provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk.
By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
i] Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ii] Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the Securities and Exchange Commission or any rules of a securities exchange such as the ASX;
iii] Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
iv] Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
v] Unsolicited promotions, political campaigning, advertising or solicitations;
vi] Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
vii] Viruses, corrupted data or other harmful, disruptive or destructive files;
viii] Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
ix] or Content that, in the sole judgment of eTourism, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose eTourism or its affiliates or its users to any harm or liability of any type.
eTourism Holidays takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is eTourism liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, eTourism Holidays is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although eTourism Holidays has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, eTourism Holidays reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Inventory is supplied by the accommodation provider and as such we accept no responsibility or liability for the unavailability of any accommodation.
From prices based on the lowest available rate for this Property per Room type or Package type. eTourism calculates a from price for each hotel, which is based on the rates of available rooms obtained from our booking partners. In addition, from hotel prices are updated. Since these from prices are estimates, please check final price when booking.
Furthermore, eTourism Holidays makes no guarantees for availability of prices advertised on the Site. Listed prices may require a stay of a particular length or have blackout dates, qualifications or restrictions.
The website contains user generated content which provides for feedback by users, ("User Generated Content").
1.Your use of User Generated Content It is a condition of your use of any User Generated Content and your access to the website that you do not do any of the following:
(a) restrict or inhibit any other user from using or enjoying any forum;
(b) post or transmit any material:
(i) which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;
(iv) of any kind which contains a virus or other harmful component;
(v) or in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
(vi) which is an invasion of any privacy or publicity rights; or
(vii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability
2. eTourism Holidays’ Rights
(b) eTourism Holidays retains the right and discretion to terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these terms or conditions.
(c) eTourism Holidays reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.
3. Disclaimer and Indemnities
(a) You acknowledge that the comments or opinions contained in the User Generated Content are not the comments or opinions of eTourism Holidays, and eTourism Holidays accepts no liability in relation to material posted including its content or accuracy.
(b) You agree to fully indemnify and hold harmless eTourism Holidays and its related entities against liabilities, claims, loss (including consequential loss) or damage incurred:
(i) due to your reliance on any User Generated Content;
(ii) as a result of material you post or as a result of any breach by you of these terms and conditions.
Last Updated: 25 June 2008