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Terms and Conditions


Please read these terms and conditions carefully before proceeding as they govern the use of this web site and any goods or services obtained through it. By using this web site you will be taken to have agreed to these terms and conditions. If you do not agree to these terms and conditions, you are not authorised to use the site and should leave the site immediately.
This web site (hereinafter "site") is operated by 190 Marketing Pty Ltd A.C.N. 067 389 324 (hereinafter "operator").

The operator provides direct booking services on behalf of 3rd party service organisations (hereinafter "individual service provider") relating to and including (but not necessarily limited to) booking agents, travel agents, hotels, resorts, apartments, other accommodations, car hire organisations, airline schedules and reservations, tours and activities available on the Gold Coast and other areas of Australia, and information (hereinafter "services and information") to you.
 
Descriptions and representations featured on this site about all services and information provided to you are wholly provided by the individual service provider. The operator does not accept responsibility for the accuracy of descriptions and/or representations and/or changes to any descriptions and/or representations. 

The Site is for the user's personal, non-commercial use. The user shall not modify, adapt, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, license, create derivative works from, incorporate in other works (whether electronic or not), transfer, or sell any information, software, products or services found on or obtained from the site excepting that the user may download, reproduce, and retransmit information contained in the site solely for the user's personal, non-commercial use.

Excepting the terms and conditions contained herein, all duties, rights, obligations and responsibilities arising out of or from the user's use of information from this site is exclusively governed by the relationship (whether founded in law, equity or both or in any other way whatsoever) between the user and the relevant individual service provider, and as such will be governed exclusively by the terms and conditions of the relevant individual service provider.

The operator reserves the right to change, modify, add or remove parts of these terms and conditions and to add to, change or discontinue the information contained in, or any other aspect of, the site at any time and without notice or liability. The user should check the site regularly to keep informed of any changes. The user agrees that all photos and other images are used as a guide and not intended to be an exact representation of the image it purports to represent.

The site may contain trademarks, patents, technologies, products, processes or other intellectual property rights of third parties, or references to the same. No licence, interest or right to or in any such trademarks, patents, technologies, products, processes and other intellectual property rights of third parties is granted to or conferred upon the user. Any reproduction or unpermitted use of any of the contents of the site, without the express written consent of the operator or unless expressly authorised by law, is prohibited. As a condition of the user's use of the site, the user warrants that the user will not use the site for a purpose that is unlawful or prohibited by or otherwise in breach of these terms and conditions.

The site contains links (including, without limitation, sites linked through advertisements) which will enable the user to leave the site and to enter the site or sites of individual service providers. The user acknowledges that the operator uses its best endeavours to provide a user-friendly and functional site, and to ensure that the information available on its website is accurate. However, the operator cannot and does not guarantee that the site is free from errors or faults. The operator does not review or monitor any web sites linked to the site and is not responsible for the content or accuracy of any such linked web sites. The user's linking to any web sites is at the user's sole risk and subject to the terms and conditions of the individual service providers of those sites. The user agrees that the operator shall not be liable under any circumstances for any failure by those individual service providers to fulfill any obligations (whether founded in law or equity, or both), nor for any error, alteration or change of any kind made by those individual service providers at any time whatsoever.

The user shall not use the site for fraudulent purposes, or in connection with a criminal offence or other unlawful activity or to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing, in breach of copyright, trademark, confidence, privacy or any other right, or is otherwise injurious or harmful or reasonably objectionable to third parties.

The user also acknowledges the nature of the internet and computer software. It is the user's responsibility to protect the user's computer systems from computer viruses and other harmful code. The operator is not responsible and will not be held liable by the user for any property or personal damage to any person as a result of the user using information from this site, including subsequent to the user linking to the sites of individual service providers appearing on the site.

To the full extent permitted by law, the operator does not warrant and is in no way responsible for the accuracy of any information represented by individual service providers. The operator hereby disclaims all warranties, terms and conditions with regard to the information obtained by the user from this site, including all implied warranties, and conditions, of merchantable quality, fitness for a particular purpose, title, and noninfringement.

To the full extent permitted by law, in no event shall the operator be liable for any, indirect, incidental, punitive, special, exemplary or consequential damages or damages for loss of profits, business, use, bargain or goodwill, loss or corruption of data, or loss of savings, or loss of any other kind whatsoever arising out of, or in any way connected with, or to, or resulting from, the user's use of this site, or the operator, or delay or inability to use this site, or any information on the site, or services obtained through the site, or otherwise arising out of the use of the site, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise.
Nothing in these terms and conditions has the effect of excluding, restricting or modifying any non-excludable statutory condition, warranty, guarantee, right, remedy or other benefit that is preserved by law.

The user agrees to defend, indemnify, and keep indemnified, and hold harmless the operator from and against all claims, actions or demands, and associated damages, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with or resulting from the user's use of the site including, but not limited to, information on and from individual service providers.
These terms and conditions constitute the entire agreement between the user and the operator in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between the user and the operator.

The failure by the operator to exercise or enforce any right or provision of the terms and conditions will not be a waiver of such right or provision. If any provision of the terms and conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the operator and the user agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions shall remain in full force and effect.

These Terms and Conditions will be governed by the laws of Queensland, Australia, and the user irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia.