WEBSITE TERMS AND CONDITIONS OF USE POLICY

The website is owned and operated by Kids Accom Pty Ltd ACN 128684042 and includes all web pages under or forming part of the domain name or any other Kids Accom Pty Ltd branded web pages.

In using this website you are deemed to have read and agreed to be bound by the following terms and conditions of use ("Terms of Use"), and the associated Privacy Policy. In addition to the Terms of Use contained here, other terms and conditions may apply to your use of this website or to products and services advertised or provided via this website. You will be bound by these terms where applicable.

Disclaimer

The information contained on this website is intended as general information only and is subject to change without notice. While Kids Accom Pty Ltd has made every effort to ensure information is free from error, it does not warrant the accuracy, adequacy or completeness of the information on this website nor does Kids Accom Pty Ltd accept any liability or take any responsibility whatsoever for the reliance on such information. The website also contains user generated comments, reviews, and links to sites maintained by other organisations. Kids Accom Pty Ltd therefore does not take any responsibility for the content of those comments, reviews or sites and does not imply any endorsement of such content.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Privacy

Your privacy is important to us. Information may be collected, used and disclosed by Kids Accom Pty Ltd in order to provide you with services , improve those services, and for other reasons as set out in our Privacy Policy, here incorporated by reference.

Website Content

The website contains information of a general nature about Kids Accom Pty Ltd and Kids Accom’s products and services and information about third party products and services sourced or provided by third party contributors. You may access this website to obtain information, opinions and reviews about of kid friendly holiday accommodation and services. The content of the pages of this website are for your general information and personal use only, and should not be exclusively relied upon. Information on this website is subject to change without notice.
 
Your use of any information or materials on this website is entirely at your own risk. It is your own responsibility to ensure that any products, services or information available or publicised through this website are accurate, up to date, and meet your specific requirements before relying or acting upon that information or using those materials. It is your responsibility to check for updated information and changes to website content.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

We appreciate your contributions to this site. Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") to this Website, including any hotel reviews, questions, comments, suggestions, ideas or other user generated content, you grant Kids Accom Pty Ltd and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; and (b) use, publish or withhold the name that you submit in connection with such Content. You acknowledge that Kids Accom Pty Ltd may choose to provide attribution of your comments or reviews at our discretion. You further grant Kids Accom Pty Ltd the right to pursue at law any person or entity that violates your or Kids Accom Pty Ltd’s rights in the Content by a breach of this Agreement. You acknowledge and agree that any Content you provide is non-confidential and non-proprietary.

Kids Accom Pty Ltd reserves the right to modify or remove Content, but does not ordinarily review, edit or control the Content posted to or distributed on this Site including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such Content. Kids Accom Pty Ltd nevertheless reserves the right for any reason in its sole discretion to remove without notice any Content.

The Site contains 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"). 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:
a.    Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b.    Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c.    Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law.
d.    Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
e.    Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
f.    Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Kids Accom Pty Ltd ;
g.    Unsolicited promotions, mass mailings or “spamming”, transmission of "junk mail", "chain letters," political campaigning, advertising, contests, raffles, or solicitations;
h.    Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
i.    Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses and credit card numbers.
j.    Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
k.    Viruses, corrupted data or other harmful, disruptive or destructive files;
l.    Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
m.    Content or links to content that, in the sole judgment of Kids Accom Pty Ltd, (a) violates the previous subsections, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Kids Accom Pty Ltd or its affiliates or its users to any harm or liability of any type.

Kids Accom Pty Ltd 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 Kids Accom Pty Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Kids Accom Pty Ltd 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 Kids Accom Pty Ltd has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Kids Accom Pty Ltd 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. Kids Accom Pty Ltd does not promise to retain or backup any Content. 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 should you require it.

If you hold any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Kids Accom Pty Ltd or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; (d) you unconditionally consent to any act or omission by Kids Accom Pty Ltd or persons acting on behalf of Kids Accom Pty Ltd in relation to all Content posted, stored or uploaded by you (or in collaboration with others) in connection with your use of or access to the Website, which may otherwise be an infringement of your moral rights; and (d) you forever release Kids Accom Pty Ltd , and its licensees, successors and assigns, from any claims that you could otherwise assert against Kids Accom Pty Ltd by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Kids Accom Pty Ltd’s systems and customers, or to ensure the integrity and operation of Kids Accom Pty Ltd’s business and systems, Kids Accom Pty Ltd may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. Kids Accom Pty Ltd’s right to disclose any such information shall take precedence over any terms of Kids Accom Pty Ltd’s Privacy Policy.

TRAVEL DESTINATIONS

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Kids Accom Pty Ltd urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the Australian Department of Foreign Affairs & Trade and relevant U.K. Government, the European Union (EU) and destination country governments prior to booking travel to international destinations.
By listing information relevant to travel to particular destinations, Kids Accom Pty Ltd does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
Kids Accom/KA Club
Some parts of the website are only accessible to you if you have a Login. You must not provide details of your Login to any other person or allow any other person to use your Login. It is your responsibility to ensure that your password is protected and secure.

Links to other websites

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or the material which is located on such websites. Subject to any applicable law which cannot be excluded, Kids Accom Pty Ltd makes no warranties or representations regarding the information, material, products or services of any linked website.

Such links are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Availability of the website
The website is offered on an “as is” and “as available” basis only. Kids Accom Pty Ltd does not warrant that the service from this site will be uninterrupted or timely. Kids Accom Pty Ltd takes no responsibility for and will not be liable for, the website, or parts thereof, being temporarily unavailable to you for any reason.
The use of the website may be withdrawn at any time without notice to you.

Copyright and Trademarks

The website contains material which is owned by or licensed to us. This material includes, but is not limited to, the text, design, layout, look, appearance and graphics (“Material”). All copyright, ownership and intellectual property rights capable of subsisting in the Material is either owned by or is licensed to Kids Accom Pty Ltd or a related company.
 
You acknowledge our rights to the Material. Save as provided elsewhere in these Terms of Use, you must not copy, modify, manipulate, transmit, perform, publish, display, license or create derivative works from Material accessed through this website, except where expressly permitted in writing.

This website also contains certain Kids Accom Pty Ltd (or a related company) trademarks (whether granted or applied for), graphics, logos and service names ("Devices"). The Devices are owned exclusively by Kids Accom Pty Ltd or a related company and may not be copied or reproduced in any format (save as provided elsewhere in these Terms of Use), or used in connection with any product or service without Kids Accom’s consent or in any manner that is likely to cause confusion among customers, disparages or discredits Kids Accom. All other trademarks not owned by Kids Accom Pty Ltd or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kids Accom Pty Ltd or its affiliates.

What you are allowed to do

You may print copies of material on the website for your own personal use. This includes making copies solely for the purpose of storing the same into a cache memory or copies made when the file is downloaded.

You may republish reviews of your own business for marketing and promotional purposes, provided that you attribute the review to Kids Accom, and the author user name published with the review, linking back where practical to the advert medium. Please note that you are responsible for ensuring that your promotional materials comply with all applicable advertising standards and laws. We do not warrant or represent that any reviews are complete, true, accurate or non-misleading.

What you are not allowed to do

You are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute including distributing copies), tamper or alter in any way or otherwise use any material contained in this website except as set out above. You are not allowed to copy any material from this website for any other commercial purpose.

Accept as where permitted under the Copyright Act 1968 (Commonwealth) no Material on this website may be reproduced, stored, modified or uploaded to a third party website without the written consent of Kids Accom.

You are not allowed to remove any copyright, trademark or other intellectual property notices or watermark contained in the original material or from material copied or printed from the website.

You are not allowed to use the website for any activities that breach any laws, infringe any other parties rights, or breach any standards, content requirements or codes published by any relevant authority.

You are not allowed to use the site in any way that interferes with our system, other users or harasses menaces or harms anyone. You will indemnify us from and against all actions, claims, suite, demands, liabilities, costs or expenses arising out of, or in any way connected with, use of the site by you or any other person using your Login information.

Customer’s Responsibility

You represent that you are of sufficient legal age to use this site, and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are legally and financially responsible for all uses of the website by yourself, and any other person using your Login information.

Warranties

This website is provided “as is” without any representations or warranties, express or implied. Kids Accom Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Whilst reasonable steps have been undertaken to ensure that the information contained on our website is free from error, to the extent permitted by law, which law cannot be excluded, Kids Accom Pty Ltd does not warrant the accuracy, adequacy or completeness of material on this website.

All such information is provided in good faith and Kids Accom Pty Ltd excludes liability for any errors, omissions or misleading information (unless made recklessly or fraudulently) to the maximum extent permitted by law, together with all implied warranties in connection with such information.

Without prejudice to the generality of the foregoing paragraph, Kids Accom Pty Ltd does not warrant or represent that:

  •  this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Limitation of Liability

To the fullest extent permitted by law and which cannot be excluded, you release and hold harmless Kids Accom Pty Ltd (including its directors, employees and contractors) from any loss, damage, death or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from this website by you, howsoever caused, whether in contract, tort, statute or otherwise. This includes but is not limited to loss of profits or savings, arising out of, or in any way connected with, the use, publication or distribution of any data, information or opinion displayed on the website.

Kids Accom Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  •  to the extent that the website is provided free-of-charge, for any direct loss
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Kids Accom Pty Ltd has been expressly advised of the potential loss.

Other parties

Kids Accom Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Kids Accom Pty Ltd officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kids Accom Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kids Accom Pty Ltd Pty Ltd.

Indemnity

You indemnify Kids Accom Pty Ltd for any liability suffered or incurred by Kids Accom Pty Ltd as a result of your breach of these Terms of Use.

You agree to defend and indemnify Kids Accom Pty Ltd Pty Ltd and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties arising from or in relation to:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party;
(iii) your use of this Website; or

(iv) any Content you provide or make accessible through this Website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Kids Accom Pty Ltd liability in respect of any matter which it would be illegal or unlawful for Kids Accom Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Notice and Take-Down Policy for illegal content

Kids Accom Pty Ltd operates on a "notice and takedown" basis. If you have any complaints or objections to material or content including Content posted on this Site, or if you believe that material or content posted on this Site infringes a copyright that you hold, please contact us immediately. Once further details have been ascertained Kids Accom Pty Ltd will make all reasonable endeavours to remove illegal content within a reasonable time.

Modifications

Kids Accom Pty Ltd may change, add or delete these Terms of Use or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Site. Thereafter, you expressly agree to be bound by any such amended Terms of Use.

Kids Accom Pty Ltd may change, suspend or discontinue any aspect of the Kids Accom Pty Ltd service at any time, including availability of any feature, database or content. Kids Accom Pty Ltd may also impose limits on certain features and services or restrict your access to all or parts of the Site or any other Kids Accom Pty Ltd web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms of Use or of any law or regulation and where it decides to discontinue providing a service.

YOUR CONTINUED USE OF KIDS ACCOM PTY LTD NOW OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS and you are bound by the terms and conditions and disclaimer current at that time.

Governing Law

The use of this website and these Terms of Use will be governed by and construed in accordance with the law of Queensland, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of Queensland, Australia as regards any claim or matter arising under this agreement.
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