Mai Tai Dining & Travel Terms of service
Updated April 2019
Website Terms of Use | www.MaiTai.com.au
This Website ("Website") is a site owned and operated by ABN 59 596 763 611 ("the owner", “we” and “us”). “You” and “your” refer to you, the user of the Website.
The material on the Website is copyright © [2019] [Mai Tai Dining & Travel] and/or other copyright owners except for content provided by third parties and other contributors.
We do not mind if content is used by other websites if permission is obtained prior to copying and provided that content is not edited and links are not replaced or deleted.
The owner is an Australian business. The pages on this Website contain information about products and services available in Australia and generally in other countries. Consumers are advised to check the individual product or service to determine its availability where you reside. The prizes, gifts, giveaways and services are offered to consumers in Australia and nowhere else.
The Website is available for you to access, conditional on your acceptance without limitation or alteration of the terms and conditions set out below. You must not use this Website if you do not agree to be bound by these Website Terms.
Except as otherwise expressly stated on this Website and to the full extent permitted by law, this Site and all information contained within it regarding or relating to the owner and its related entities, products and services is provided "as is" and on an "as available" basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied. Without limiting the generality of the foregoing, to the full extent permissible under law, the owner disclaims any implied warranty regarding merchantability, fitness for purpose or non-infringement save to the extent that such warranties are implied on a non-excludable basis by operation of law.
Use of material on the MaiTai Website
1. Except for the limited use set out in these Website Terms, you may not use the Website, or the material contained on it, for any purpose, including, but not limited to:
a. the reproduction of the material in any material form without prior consent;
b. the distribution of the material in any material form;
c. re-transmission of the material by any medium to any other website;
d. “framing” the material on the Website with other material on any other website.
2. You may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
3. You must not modify or copy:
a. the layout of the Website; and
b. any computer software and code contained in the Website.
4. The owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it, vested in it or otherwise. To the full extent permitted by law, the material provided on the Website is provided for personal use only and may not be:
a. re-sold and/or re-distributed in any material form;
b. stored in any storage media; and/or
c. re-transmitted in any media;
without the prior written consent of the owner.
Links to other Websites
5. The Website contains links to websites owned and operated by third parties and which are not under the control of the owner.
The owner:
a. provides the links to other sites as a convenience to you and the existence of a like to other sites does not imply any endorsement by the owner of the linked site; and
b. is not responsible for the material contained on those linked sites.
Disclaimer
6. Features and specifications of products and services described or depicted on this Website (including, without limitation, products manufactured or supplied through our business partners or suppliers which are displayed on this Website and their attributes) are approximate only and subject to change without notice. A reference to products or services on this Website does not imply or warrant that the products or services will be available at any time in your particular locality.
7. To the full extent permitted by law the owner disclaims any and all warranties, conditions, terms, representations and undertakings, other than as expressly set out in this Agreement, express or implied, including but not limited to:
a. any warranty relating to the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any liked sites; or
b. any warranty relating to the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
c. any warranty that the Website, or the server that makes the site available are free of software viruses;
d. any warranty that the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
e. any warranty that errors and defects in the Website will be corrected.
Limitation of Liability
8. Your use of the Website is at your own risk. To the extent permitted by law, neither the owner nor any party involved in creating, producing or delivering the Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Website, whether or not the owner is aware of such errors or omissions nor do they accept any liability for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access this Site, whether arising in tort or contract.
9. The Competition and Consumer Act 2010 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, the owner limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of the owner, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and ; or
b. in the case of 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 acquiring equivalent goods, or the payment of the cost of having the goods repaired.
10. The owner does not bear, and you release and hold harmless the owner from, any liability arising in connection with material displayed on or accessible through the Website.
Indemnity
11. You agree to indemnify and keep indemnified and hold the owner, any affiliate or related body corporate, its officers, directors, agents and employees, harmless against any demands, proceedings, expenses, costs, loss (including consequential loss and legal fees on a full indemnity basis) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Terms or the infringement of the rights of a third party.
Use of information gathered
12. The terms of the owner's Privacy Policy are incorporated into these Terms of Access.
Termination of access
13. The owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of Terms and Conditions of Access
14. The owner reserves the right to change these Terms of Access:
a. With or without further notice to you; and
b. Without giving you any explanation or justification for such change.
Relevant jurisdiction
15. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
16. These Terms of Access will be governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
17. You agree to the jurisdiction of the Courts of New South Wales to determine any dispute arising out of these Terms of Access.
Prizes, gifts and giveaway items
18. Subject to our competition terms and conditions and any specific terms or conditions that are displayed with any prize, gifts and giveaways at the time they are offered, displayed or advertised, when prizes, gifts or giveaway items or the like are offered, displayed or advertised on our Website, to full extent permitted by law:
a. may withdraw the offer of the prize/s at any time prior to the time the recipient/s of the prize are to be drawn or otherwise determined, without notice to you, in the event that we are, for any reason, unable to supply the prize/s; and
b. will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the withdrawal of the prize/s;
c. in the event that we are unable to supply the exact gift/s and/or giveaway item/s displayed to you for any reason, may supply in it/their place an alternative items/s of a similar nature and value; and
d. supply of the alternative item/s will be in complete satisfaction of the owners obligation to the recipient/s in respect of the gift/s and/or giveaway items/s, to the extent permitted by law; and
e. will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) as consequence of the supply of the alternative item/s.
19. Members in receipt of prizes, gifts or Trial Team products are prohibited from on-selling or profiteering from such products. Failure to comply may result in exclusion from all future competitions, giveaways and Trial Teams, and the termination of Mai Tai membership. It is not permissable to sell any items through Mai Tai
20. Prizes can only be sent to an address within Australia.
Interactive portions of the Website
21. The Mai Tai website may contain interactive components where you can submit material to the website.
22. By submitting content to the Website, you grant the owner a worldwide, irrevocable, royalty-free, perpetual licence, including a right of sub-licence, to use, adapt, publish and reproduce that content for any purpose.. You consent to all relevant acts or omissions in relation to any person's moral rights in content which may or might otherwise constitute a breach or infringement of those moral rights (including, without limitation, not identifying the author, modifying or changing the content in a manner that may constitute derogatory treatment as defined under the Copyright Act 1968) and, to the extent permitted by law, waives all of his or her moral rights in the material.
23. The owner may, but is not obliged to, moderate any material you submit to the Website including in respect of all or any part of that material, without limitation:
a. delaying its display on the Website;
b. not displaying on the Website;
c. deleting from the Website;
d. reviewing, modifying, reformatting;
e. removing a reference to a person, place, activity, business, group or organisation in that material;
f. making changes to spelling and grammar.
24. Without limiting the generality of the foregoing, the owner reserves the right to remove any material for any or no reason. We may also restrict, suspend or terminate your use of the Website where we believe that you have misused it or breached this Agreement.
25. You acknowledge that any exercise of by the owner of its rights under these Terms does not give rise to, or constitute an admission of, liability to any person.
26. You warrant that you hold sufficient rights in any content you provide to grant the owner the licences granted under these Terms.
User conduct
27. In connection with your access to and use of the Website, you must, and you warrant that at all times you will:
a. not submit any material which is illegal or for an illegal purpose;
b. not submit any material which is racist, objectionable, or offensive or vilifies or incites hatred against any person or group of people;
c. not submit any material which is defamatory, libellous or may cause injury to the reputation of a person or business;
d. not submit any material which is intended to, or which is reasonably likely to, harm a business or enterprise;
e. not submit any material which is indecent, offensive, or is otherwise inappropriate;
f. not submit any material which depicts violence or cruelty;
g. not harass, “stalk”, threaten or abuse other users of the Service;
h. not submit material, or, otherwise use the Service in a way, which infringes the intellectual property rights of any person;
i. not submit or transmit material whose submission or transmission may constitute a tort or breach of contract;
j. not submit any material which purports to give financial, legal, medical, health or other professional advice, or, purport to discourage or counsel any other person to avoid seeking professional advice which addresses the particular circumstances of that person;
k. not misrepresent who you are, including your gender, connection with any group, organisation or business, act in a manner which may reasonably mislead any person regarding your identity or affiliation with any party (including by failing to disclose any affiliation with a group, organisation or business that is connected to the beauty, healthcare or cosmetics industry);
l. disclose any connection with any business, group or organisation which is connected to, or may have an interest in, the subject matter of a thread or the material being submitted;
m. not submit any material for, or in connection, with any payment from any person, or, where you have the expectation of realising a material or financial benefit (whether directly or indirectly) from such submission;
n. except as may be expressly permitted by the owner in writing to you, not promote other businesses or websites, including by sending unsolicited offers, promotions, advertising, spam or any other form of solicitation;
o. not submit any material which may be false, misleading or deceptive in any way;
p. not submit any material which is the personal or private information of a person;
q. not submit any material which, if displayed on the Website, may give rise to a liability for contempt of court;
r. not submit material which is subject to, and whose display on the Website would breach, obligations of confidentiality;
s. not attempt to circumvent any restrictions built in to the the Website, or, that the owner imposes on access to information about other users of the Website;
t. not attempt to circumvent or compromise any security features or architecture of the Website or that a third party;
u. not disseminate viruses or any kind of malicious code;
v. not create more than one user (1) profile per person;
w. not submit or transmit misleading or inaccurate information via the Website;
x. not use any robot, scraper or automated process to access this Website without the owner’s prior written consent;
y. not solicit any personal information from another user, such as passwords, PINs, account numbers;
z. not attempt to connect or engineer the Website to operate other software or devices;
aa. not infringe the owner’s intellectual property rights, including copyrights and any trademarks visible on the Website;
bb. not do anything which would violate any applicable laws, whether local or international;
cc. not do anything which, in the opinion of the owner, is not in compliance with any policy issued by the owner in respect of the Website from time to time;
dd. do anything which is likely, in the owner’s opinion, to interfere with the availability of the Website or its use by other users.
28. With regards to promoting personal competitions/prize giveaways run via non-commercial blogs, Mai Tai has no objections but we do ask that you contact us via email to request approval before posting. Please email info@holidaycentre.com
Any information posted in our chat areas (includes Forum, article comment area, product reviews) becomes public information. While Mai Tai strives to protect and respect your privacy, we can't guarantee the security of any information you disclose in a chat room or on a bulletin board and urge you to consider your own privacy before posting.
Mai Tai loyalty rewards program
By becoming a member of Mai Tai and participating in our newsletter rewards program you are accepting both these Terms of Use and the terms specifically relating to the program. If you have not yet read the loyalty program Terms and Conditions.
If in doubt contact us at office@newscompany.com.au
