The Noosa Springs website is a service provided by Noosa Springs to its customers.
By accessing or otherwise using the Noosa Springs website you agree to be bound by these conditions of use and you acknowledge that Noosa Springs provides the website to you on these conditions of use. Noosa Springs is entitled at its sole discretion to change, modify, amend, add or remove any part of these conditions of use and to change, amend or delete any features of the Noosa Springs website at any time without notice. Your continued use of the Noosa Springs website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Intellectual Property Protection: Noosa Springs owns all intellectual property in the Noosa Springs website, unless indicated otherwise. Subject to these conditions of use, Noosa Springs grants to you a non-exclusive and non transferable limited licence to view and download information directly accessible through the Noosa Springs website and use information directly accessible through the Noosa Springs website.
You agree that, subject to your use of the Noosa Springs website in accordance with the limited licence granted to you, you will not infringe Noosa Springs’s intellectual property in the Noosa Springs website and will not modify, copy, republish, frame, distribute or communicate any part of the Noosa Springs website or any information contained therein or otherwise use them in a way which will infringe Noosa Springs’s intellectual property or other property rights.
Disclaimer: Except as provided by law, the Noosa Springs website is provided “as is” and without any warranty or condition, express or implied. Noosa Springs does not warrant that the information contained in or accessible through the Noosa Springs website is accurate, suitable for your purposes or without errors, omissions or viruses nor does Noosa Springs guarantee continuous, uninterrupted or secure access to the Noosa Springs website . You acknowledge that access and use of the Noosa Springs website (including the software operating in connection with the Noosa Springs website ) may be interfered with by numerous factors outside of Noosa Springs’s control. Noosa Springs does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Noosa Springs website . Subject to the provisions of the Trade Practices Act 1974, Noosa Springs makes no representations or warranties in respect of the information and materials available on the Noosa Springs website or the means of accessing that information and material (including the software operating in connection with the Noosa Springs website ). Noosa Springs makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Noosa Springs which are or may become linked or framed to or from the Noosa Springs website.
Use of Information: If you upload or otherwise provide any information or content (‘Content’) in the course of accessing or using the Noosa Springs website , you agree that such Content will be available to Noosa Springs to use in any manner it thinks fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content: which:
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading; or
infringes the intellectual or other proprietary interests of third parties;
impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Noosa Springs considers to be inappropriate;
violates any law, statute or regulation;
forges information to disguise the origin of any Content; or
encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant Noosa Springs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.
Limitation of Liability: You agree that Noosa Springs is not liable to you or anyone else for any loss or damages (including direct, indirect, special or consequential loss) arising out of or in connection with the use of the Noosa Springs website , the use by Noosa Springs of information provided by you to Noosa Springs through the Noosa Springs website or any such loss or damage which may arise should you be unable to access the Noosa Springs website , for whatever reason and however arising, including negligence. To the extent that Noosa Springs is able to limit the remedies available under these conditions of use, Noosa Springs expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Noosa Springs’s sole discretion):
In the case of goods, any one or more of the following:
the replacement of the goods or supply of equivalent goods;
the repair of the goods;
the payment of the costs of replacing the goods or of acquiring equivalent goods; or
the payment of the costs of having the goods repaired; and
In the case of services:
supply of the services again; or
the payment of the cost of having the services supplied again.
You indemnify Noosa Springs against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
your breach or non-observance of any term of these conditions of use; or
any breach or inaccuracy in any of your representations or warranties.
Links: You must not establish links on any other website to the Noosa Springs website or any other part or parts of the Noosa Springs website without the prior written consent of Noosa Springs. If you would like us to link to your website, please contact us.
Choice of Law and Use of Noosa Springs website: These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Queensland, Australia. Noosa Springs has designed the Noosa Springs website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Noosa Springs website outside the Commonwealth of Australia. The Noosa Springs website is available only to people in Australia who can form legally binding contracts under applicable law.
Customer: means existing or potential customers of Noosa Springs or persons accessing or otherwise using the Noosa Springs website for domestic or commercial purposes.
Noosa Springs: means Noosa Springs Investment Pty Limited ACN 162 987 957 as the legal entity operating the business known as Noosa Springs.
Noosa Springs website : means the website accessible through the following address
www.noosasprings.com.au operated by Noosa Springs