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Thank you for visiting the Freestyle Resort Port Douglas Web site
(the "Site"). Freestyle Resort Port Douglas is an online information
and bookings site for Freestyle's facilities and accommodation. The
Site is designed to provide a convenient, private and informative
experience, accessible 24 hours a day, 7 days a week.
Freestyle Resort Port Douglas would like for each visitor ("you") to
'the Site' to have a safe, pleasurable visit, therefore we have
established the following terms and conditions so that we both know
what to expect from each other. By using 'the Site' you agree to be
bound by the following terms and conditions. Please read them
carefully. Your usage of 'the Site' or a placement of a booking
indicates your understanding and acceptance of these terms and
conditions.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by Freesyle Resort Port Douglas.
Unless otherwise specified, all material appearing on this site,
including the text, site design, logos, icons and images,
photographs, graphics, typefaces and other material (collectively
"Content") as well as the selection, assembly and arrangement
thereof is subject to applicable copyright laws. Copyright © 2002,
ALL RIGHTS RESERVED. All audio and video clips are the sole property
of Freestyle Resort Port Douglas or their respective content
providers. All software used on 'the Site' is the sole property of
Freestyle Resort Port Douglas or those supplying the software. You
acknowledge that 'the Site' contains Content, audio and video clips
and software that are protected by copyrights, trademarks, or other
intellectual property rights, and that these rights are valid and
may be protected in all forms, media and technologies which exist
now or are developed in the future. No materials from this 'Site'
may be copied, reproduced, modified, republished, uploaded, posted,
transmitted, or distributed in any form or by any means without
Freestyle Resort Port Douglas prior written permission. All rights
not expressly granted herein are reserved. Any unauthorised use of
the materials appearing on this site may violate copyright,
trademark and other applicable laws and could result in criminal or
civil penalties.
DISCLAIMER FOR USE OF SITE
YOU EXPRESSLY AGREE THAT USE OF 'THE SITE' IS AT YOUR SOLE RISK. IN
NO EVENT WILL Freestyle Resort Port Douglas, ITS DIRECTORS,
OFFICERS, DESIGNERS, DEVELOPERS, EMPLOYEES AND REPRESENTATIVES,
THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT 'THE SITE'
WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION fREESTYLE rESORT,
DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF 'THE SITE', OR USE OF THE INFORMATION, CONTENT, SERVICE,
OR PRODUCTS PROVIDED THROUGH 'THE SITE'.
FURTHER, Freestyle Resort Port Douglas EXPLICITLY DISCLAIMS ANY
RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF
INFORMATION FOUND ON SITES THAT LINK TO OR FROM 'THE SITE' FROM
THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY,
COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN
THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM
AGAINST US WITH RESPECT TO SUCH SITES.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING 'THE SITE' BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR
LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE 'THE SITE'; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM 'THE
SITE'; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON 'THE SITE';
(v) NEGLIGENT OR WILFUL ACTS OF Legends Hotel, ITS DIRECTORS,
OFFICERS, DEVELOPERS, DESIGNERS, EMPLOYEES AND REPRESENTATIVES OR
(vi) ANY OTHER MATTER RELATING TO 'THE SITE'.
You are entirely responsible for maintaining the confidentiality of
your password and account, if any, and for all activities that occur
under your account. You hereby indemnify and hold Freestyle Resort
Port Douglas, and our directors, officers, developers, designers,
employees and representatives harmless from any claim or demand,
including reasonable legal fees, made by you or any third party due
to or arising out of the Content you submit, post to or transmit
through 'the Site', your use of 'the Site', your connection to 'the
Site', your violation of the Terms of Use, or your violation of any
rights of another.
JURISDICTIONAL ISSUES
The products and/or services described in and available through 'the
Site' may not be available in your country. We make no
representation that the services or products offered in 'the Site'
are appropriate or available for use in any particular location.
Those who choose to access 'the Site' do so on their own initiative
and are responsible for compliance with local laws, if and to the
extent local laws are applicable. If use of 'the Site' and/or
viewing or use of any material or content therein or services
offered thereby violates or infringes any applicable law in your
jurisdiction (s), you are not authorized to view or use 'the Site'
and must exit immediately. Your viewing and/or use of 'the Site'
constitutes your representation that you are unconditionally and
without limitation permitted to view and use 'the Site' and the
Indemnified Parties may rely upon such representation.
TRADEMARK
This 'Site' includes registered trademarks and trademarks which are
otherwise protected by law including but not limited to "Freestyle
Resort Port Douglas". You must not use any of these trademarks or
trading names except with the prior written consent of the owner of
these trademarks.
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YOUR OBLIGATIONS
In consideration of your use of 'the Site', you agree to provide
true, accurate, current and complete information about yourself as
prompted by the bookings engine.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or we have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
we may suspend or terminate your booking and refuse any and all
current and future use of 'the Site'. We may also submit any such
concerns to relevant authorities.
PAYMENT METHODS
Credit Cards:
We accept all major credit cards including, Visa, Bankcard,
MasterCard, American Express and Diners. There is no surcharge for
using your credit card to make purchases with Freestyle Resort Port
Douglas. Please be sure to provide your exact billing address and
telephone number - the address and telephone number your credit card
bank has on file for you. Incorrect information may cause a delay or
cancellation in processing your order.
Money Orders, Cashier's Cheques, Company Cheques and Personal
Cheques:
Freestyle Resort Port Douglas accepts money orders, cashier's
cheques, personal cheques and company cheques in $AUS only. Orders
are processed upon receipt of a money order or cashier's cheque. For
personal and company cheques, please allow up to 10 banking days
after receipt for clearance of funds before the order is processed.
Freestyle Resort Port Douglas cannot guarantee the availability of a
product or service by the time funds clear or payment is received.
We will charge a $25 fee on all returned cheques.
BOOKINGS ACCEPTANCE POLICY
Your receipt of an electronic or other form of booking confirmation
does not signify our acceptance of your booking, nor does it
constitute confirmation of our offer to sell. Freestyle Resort Port
Douglas reserves the right at any time after receipt of your booking
to accept or decline your booking for any reason. We may require
additional verifications or information before accepting any
booking. If all or part of the information which Freestyle Resort
Port Douglas requires is not provided during the online booking
form, your reservation may be deemed invalid.
REVIEWS AND COMMENTS
If at any time, Freestyle Resort Port Douglas enables 'the Site'
visitors to post reviews of and comments on products featured on
'the Site' or 'the Site' itself, be it in the form of a guestbook,
email, or feedback form, the party posting that comment or review
grants Freestyle Resort Port Douglas and its affiliates a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sub
licensable right to use, translate, reproduce, modify, adapt,
publish, create derivative works from, distribute, and display such
reviews and comments throughout the world in any media. You also
grant Freestyle Resort Port Douglas and its affiliates the right to
use the name that you submit with any review or comment, if any, in
connection with such review or comment.
TYPOGRAPHICAL ERRORS
In the event a product or service is listed at an incorrect price
due to typographical error or error in pricing information received
from our suppliers, Freestyle Resort Port Douglas shall have the
right to refuse or cancel any bookings placed for products listed at
the incorrect price. Freestyle Resort Port Douglas shall have the
right to refuse or cancel any such bookings whether or not the
booking has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your
booking is cancelled, Freestyle Resort Port Douglas shall
immediately issue a credit to your credit card account in the amount
of the incorrect price charged.
GENERAL INFORMATION
These Terms of Use constitute the entire Agreement between Freestyle
Resort Port Douglas and you ('the Site' visitor) and govern the use
of 'the Site'. You may also be subject to additional terms and
conditions that may apply when you use affiliate services,
third-party content or third-party software. Our failure to exercise
or enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. If any provision of
the Terms of Use is found by a court of competent jurisdiction to be
invalid, the parties nevertheless 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 of Use remain
in full force and effect.
Freestyle Resort Port Douglas reserves the right to edit, delete, or
modify any part of this agreement without notice.
TERMINATION
These terms are effective even if this Agreement is terminated by
either party. Subject to applicable law, we reserve the right to
suspend or deny, in our sole discretion, your access to all or any
portion of 'the Site' with or without notice. You agree that any
termination of your access to 'the Site' may be effected without
prior notice. Further, you agree that we shall not be liable to you
or any third-party for any termination of your access to 'the Site'.
SPAM ACT
If you wish to unsubscribe/opt out from receiving further commercial
electronic messages from Freestyle Resort Port Douglas please send
an email to info@freestyleportdouglas.com.au providing all relevant
e-mail addresses for your organisation or business.
The Management Team - Freestyle Resort
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