Cairns Airport Online Services Terms of Use
The Online Services are operated and owned by Cairns Airport Pty Ltd ABN 18 132 228 221
Your access to and use of the Online Services is subject to these Terms of Use. Each time you use the Online Services you agree to be bound by these Terms of Use, as varied from time to time.
1. Definitions
When reading these Terms of Use the following words or phrases have the following meanings, unless the context otherwise requires:
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity;
“Online Services” means the Website (including the Software) and the e-mail subscription services offer by us from time to time;
“Software” means any software which is required by, relevant to, or used in conjunction with the Website including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
“we, us, our” means Cairns Airport Pty Ltd ABN 18 132 228 221;
“Website” means the website at the domain ‘www.cairnsairport.com.au’ which is owned and operated by us;
“you, your” means the person or entity that accesses the Website or the Online Services.
The headings are for information only and do not affect the interpretation of these Terms of Use.
1. Your use of the Online Services
1.1 Unless otherwise specified, we provide the Online Services to You free of charge.
1.2. In order to use the Online Services, you require the equipment and connections necessary to access the World Wide Web. You are responsible for:
a. the provision of any such connection or access to the World Wide Web;
b. the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
c. the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
1.3 The Online Services are controlled and operated by us from our offices in Australia. We have used our best endeavours to ensure that the Online Services comply with Australian laws, however, the Online Services may not be appropriate or available for use in locations outside Australia. If you use the Online Services outside of Australia, you do so at your own initiative and you are solely responsible for compliance with local laws.
1.4 By using the Online Services, you agree that you will not engage in any conduct that is:
a. disruptive or detrimental to us;
b. disruptive or detrimental to the operation and functionality of the Online Services; or
c. unlawful.
1.3 In this respect, you agree that you will not:
a. infringe our Intellectual Property Rights in the Online Services or the content on the Online Services including any copyright material or our trade marks;
b. modify, copy, publish, frame, distribute, upload, post on another website, cache, mirror or otherwise communicate any part of the Online Services or content on the Online Services;
c. use data gathering, monitoring, extraction or hacking tolls including data mining, spiders and robots to gain unauthorised access to the Online Services or content on the Online Services;
d. use metatags or any other “hidden text” that utilises our name or other intellectual property without our prior written consent t;
e. use the Online Services for any purpose that has an unreasonable load on the infrastructure of our network or that has the effect of undermining the integrity of the Online Services or damaging or disrupting the Online Services, including by way of uploading any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage or disrupt the operation of the Online Services or another’s computer or property of another;
f. use the Online Services except as permitted by these Terms of Use;
g. allow any other person to use the Online Services other than in accordance with these Terms of Use;
h. input any material which is subject to Intellectual Property Rights of us or any third party.
1.4 In addition to the above, you must not use the Online Service or the Site to:
a. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
b. input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
c. input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of us or any third party or breaches any duty of confidence or contractual obligation owed to us or any third party;
d. input, upload, post, disclose or transmit any material that is unlawful or violates any law;
e. send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 to any person or company;
f. interfere with or disrupt the Online Services or servers or networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services;
g. attempt to gain unauthorised access to the Online Services or computer systems or networks connected to the Online Services through any means;
h. breach the Privacy Act 1988 as amended, or the Australian Privacy Principles;
i. contravene or breach any applicable state, Commonwealth or international law, convention or regulation;
1.5 You acknowledge and agree that you must not:
a. use the Online Services for any purpose other than the purpose for which it was designed and intended;
b. commit or permit any act which may interfere with the use of the Online Services by any other user;
c. tamper with, hinder the operation of or make unauthorised modifications to Online Services or any part thereof;
d. damage or modify the Online Services;
e. reverse engineer, decompile or disassemble the Online Services or any part thereof.
2. Privacy
2.1 The NQA Privacy Policy which is contained on the Website forms part of these Terms of Use.
3. Copyright and Other Intellectual Property
3.1 The information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Online Services (the “Content”) is protected by Intellectual Property Rights.
3.2 The Content, the Software, the Online Services and the Website are protected by copyright laws and other Intellectual Property Rights. You acknowledge that we are the owner of these rights, with our affiliates or other third party licensors.
3.3 All product and company names and logos contained within the Online Service are the trade marks, service marks or trading names of their respective owners, including us.
3.4 You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software, the Online Services or the Website are transferred or granted to you, other than the rights granted expressly by these Terms of Use.
3.5 You agree that:
a. any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software, the Online Services or the Website will be the sole and exclusive property of us; and
b. you will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created to us.
3.6 Our logo and name are our trade marks and may not be used as part of your business or in connection with any goods or services without our prior written consent which shall be given, given with conditions or withheld at our absolute discretion.
4. External links, Advertising, Promotions, e-Commerce Offers and Third party Content
4.1 The Online Services may contain links to external websites operated by third party service providers. These external links allow you to connect with businesses that operate in or around Cairns Airport including airlines and transport providers. Third party advertising may also appear on the Online Services. The links to external websites and third party advertising are not under our control and are provided for your convenience only. We are not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites but rather, the relevant third party service provider is responsible for its external link and each will apply their own terms and conditions of use.
4.2 We do not warrant the reliability of the content on the linked external websites or third party advertising and we will not be responsible for liable for it. Neither us nor our officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Online Services, or products or services of any third party organisations mentioned or described on the Website or linked to or from the Website. You acknowledge that you enter any third party websites at your own risk and you must contact the relevant third party should any issues arise with their products or services.
4.3 You must not link the Online Services or part of the Online Services to any other website without our express written consent.
4.4 The Online Services may also contain third party promotions (including banner ads and full page advertisements) and other advertising content provided by third parties. All third party promotions (including referral buttons and embedded hyperlinks) are paid for by the relevant third party and do not constitute a recommendation or endorsement of the promoted product, service, or third party website by us. We do not accept any responsibility or liability for the advertisements on the Online Services, or the information, or products or services, provided, offered or sold by advertisers or other third parties on, or via links on, the Online Services. The relevant third party advertisers are responsible for the accuracy of all representations made in those advertisements and the relevant third parties should be contacted directly for any information regarding the advertisement, product, or service. Neither us nor our officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Online Services, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Online Services, you do so at your own risk.
4.5 Certain sections of the Online Services, including booking sections, provide you with the opportunity to interact with and use the services of third-party suppliers. We do not warrant the reliability of any links to any site of any third-party carriers or suppliers, and are not in any way responsible for, or liable for any failure in relation to, the communication from you to the third party of any reservation or purchase you may make with such a third party, or the confirmation of such a reservation or purchase. The relevant third party suppliers are responsible for the accuracy of all representations made by them in relation to the goods or services supplied. Neither us nor our officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be offered by third party carriers or suppliers, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a good or service from any of these third party carries or suppliers, you do so at your own risk.
5. Content
5.1 Content provided on the Online Services has been compiled for your convenience and includes information sourced from third parties over whom we have limited control. While we make every effort to make sure that content is correct and up to date, our reliance on these third parties means that we are not able to guarantee the accuracy of all content on the Online Services.
5.2 If you upload or otherwise provide any information or content in the course of accessing or using the Online Services, you agree that such content will be true and correct and you grant us a perpetual non-revocable licence to use the content in any manner we consider fit, subject to all applicable Australian laws. Any content you provide must not be unlawful or infringe the rights of anyone else.
5.3 We do not warrant that:
a. The Online Services will provide any function for which it is not specifically designed;
b. The Online Services will provide any minimum level of performance;
c. The Online Services will be virus free or free of performance anomalies or be operational without interruption.
5.4 You warrant to us that at the time of entering into the Online Services you were not relying on any representation made by us.
6. Liability and indemnity
6.1 While we have taken great care in the preparation of t Online Services and have endeavoured to provide you with accurate and up-to-date information in good faith, we do not represent, warrant or guarantee:
a. the operation of your access to or the results of your access to the Online Services or the Website (including any related or linked websites) or the correctness, accuracy, reliability, timeliness, completeness or suitability of the content, materials or products included on the Online Services or that the Online Services is provided or available without errors, omissions, or viruses;
b. merchantability or fitness for any particular purpose of any product or service contained or referred to on the Online Services;
c. continuous, uninterrupted, error free, virus free or secure access to the Online Services and content on the Online Services;
d. the Online Services will provide any function for which it is not specifically designed;
e. the Online Service will provide any minimum level of performance.
6.2 We do not accept any responsibility or liability for all direct, indirect or consequential loss, damage or inconvenience suffered or incurred by any person as a result of use of the Online Services or the reliance on any content on the Online Services.
6.3 To the extent that we are unable to limit our liability under these Terms of Use as a result of a warranty or condition implied by law, we expressly limit our liability to the maximum extent possible to the following, the choice of which is at our sole discretion:
a. In the case of goods – the replacement of the goods or supply of equivalent goods or the repayment of the cost of replacing the goods or acquiring equivalent goods.
b. In the case of services – the supply of the services again or the repayment of the cost of having the services supplied again.
6.4 You are responsible for your use of the Online Services and you agree to indemnify and hold harmless us, and our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with your use of Online Services or your failure to comply with these Terms of Use, or from your violation of any applicable law or the access to the Online Services by a third party, either with or without Your knowledge.
6.5 You release us and our officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Online Services, even if we have been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
6.6 Without limiting the above, you release us from any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Online Services, whether or not caused by any negligent act or omission including but not limited to:-
a. your reliance on the Online Services;
b. the statements or actions of any employee or agent of us;
c. any unauthorised access to or alteration of your transmissions or data;
d. any information that is sent or received or not sent or received;
e. any failure to store or loss of data or files or other content;
f. your fraudulent, negligent or otherwise unlawful behaviour;
g. any delay or interruption of the Online Services;
h. any loss incurred as a result of a third party obtaining your details, either with or without your knowledge;
i. any loss or damages in relation to the supply of services on or in relation to the Online Services and any advertisement placed on the Online Services or information made available on the Online Services.
7. Termination
7.1 We can terminate your use of and/or access to the Online Services at any time at our own discretion.Termination of your use of and/or access to the Online Services shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms of Use will survive termination.
8. General
8.1 You acknowledge and agree that these Terms of Use apply to updates, supplements, add on components, or internet based services components of the Online Services together with any other terms along with the update, supplement, add on component or internet based services components which we provide. We reserve the right to discontinue any internet based services provided to you or made available to you through the use of the Online Services at any time.
8.2 Publication of electronic addresses on the Online Services is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
8.3 We may from time to time amend, update, or change the Online Services, including these Terms of Use, without prior notice to you.
8.4 We shall not be liable by reason of the failure in the performance of obligations under the Terms of Use by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond our reasonable control, including any form of technological failure or the actions of third parties.
8.5 These Terms of Use and the Booking Terms and Conditions (if applicable) and the NQA Privacy Policy available on the Website constitute the entire agreement between you and us with respect to the Online Services, and the Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Online Services. No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms of Use or constitutes any collateral agreement, warranty or understanding.
8.6 If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms of Use shall remain in full force and effect.
8.7 The failure by us to insist upon or enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of us in respect of any existing or subsequent breach of these Terms of Use.
8.8 No waiver by a party of a provision of these Terms of Use is binding unless made in writing.
8.9 The law of Queensland, Australia govern these Terms of Use. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of Queensland and the Commonwealth of Australia for any cause of action relating to or arising under these Terms of Use.
8.10 Where possible, the obligations of the parties under this Agreement will indefinitely survive the finalisation or discontinuance of this Agreement.