The following terms and conditions are the legally binding terms on which access to the website located at https://www.sydney.cool and its content, and any products and services available therein (taken together, the “Website”) is granted to users (“you”, “your”) of the Website by the proprietor TODO TRAVEL PTY LTD (“SYDNEY.COOL”).
Access to the Website constitutes your acceptance of these terms and conditions without any modification, also including any other operating rule, policy or procedure that may be published from time to time on the Website (collectively, the “Agreement”). If you disagree with any part of the Agreement whatsoever, then you may not access the Website.
Intellectual Property Rights Notices
Some of the material on the Website has been provided to SYDNEY.COOL by third parties which are not owned by SYDNEY.COOL and are displayed on the Website by SYDNEY.COOL in good faith.
Third Party Materials and Websites
The Website contains material or content posted or uploaded by third parties (including but not limited to the content of any third party business advertisements or any information or material posted by any third party on publication areas of the Website) (“Third Party Materials”). SYDNEY.COOL does not warrant that any such Third Party Materials is not defamatory or does not infringe the Intellectual Property Rights of any person nor will SYDNEY.COOL be liable for any such material or content or any material or content which is otherwise illegal.
The Website contains third party URLs, hyperlinks, banner or panel advertising or icons linking to third party websites, web pages or portals (including booking portals) (“Third Party Websites”). All such links and portals to Third Party Websites which are provided on the Website are provided “as is” and “as available” for your convenience only and without warranty.
SYDNEY.COOL will not be responsible for the content or availability of any Third Party Materials on the Website or Third Party Websites, and in the event that you rely on any Third Party Materials you acknowledge and accept that you will do so at your own risk; and in the event that you choose to click on a link to a Third Party Website and access the corresponding website, you acknowledge and accept that you will leave the Website and do so at your own risk.
The existence of Third Party Materials and links to Third Party Websites on the Website does not in any way imply that the proprietor of any such Third Party Materials or linked Third Party Website is authorized to use any copyright works, trademarks or logos of SYDNEY.COOL.
Permitted Use of the Website
You are permitted (for your personal, non-commercial use) to access, view, print and share content displayed on the Website, subject to the terms of the Agreement.
In the event that you wish to use or copy content on the Website for purposes other than permitted above, you agree to obtain express written consent of SYDNEY.COOL. You agree that consent may be withheld at SYDNEY.COOL’s sole discretion, and consent may also be withdrawn by at its sole discretion at any time.
Unauthorized Use of the Website
You agree not to or to attempt to submit, upload, post or otherwise introduce any unlawful, defamatory, sexually explicit, abusive, threatening, obscene or otherwise illegal material of any kind or material that infringes any Intellectual Property Rights of any person onto the Website.
SYDNEY.COOL reserves the right to delete and takedown from the Website any material that it considers breaches the Agreement at any time and without notice.
You will not take any action to interfere with the operation of or display of information or content on the Website.
General Representation and Warranty
The Website is provided on an “as is” and “as available” basis without warranty as to its completeness or reliability. Content may contain technical inaccuracies, typographical mistakes, and other errors. SYDNEY.COOL will not be responsible for incomplete, inaccurate or unreliable information and any reliance by you on such information or data will be at your own risk
The Website may contain content that is offensive, indecent, or otherwise objectionable. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. SYDNEY.COOL disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
You acknowledge and accept that SYDNEY.COOL is not a travel agent or any other similar service provider and will not be responsible or liable for any contract for goods or services which you may enter into with third parties referred to or advertising on the Website.
SYDNEY.COOL provides the Website for the posting of general local information about travel destinations which may include local factual information, third party local business information and third party advertisements which may be useful to users wishing to travel to particular destinations. The information and materials published on the Website are published without warranty of any kind whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and accuracy.
Any information, data, view or opinions provided by SYDNEY.COOL on the Website are simply intended to be informative and are provided on an “as is” and “as available” basis. By accessing and using the Website you acknowledge that any reliance which you place on any information, data, views or opinions obtained from the Website will be entirely at your own risk.
SYDNEY.COOL does not warrant that access to the Website will be uninterrupted or error free or any such defects in the Website will be corrected or that the Website or the servers that make it available are free of computer viruses. Computer viruses may be uploaded to the Website by third parties and downloaded to your personal computer upon access to the Website and SYDNEY.COOL will not be liable for any damage or loss caused by any such computer viruses. It is your responsibility to run adequate virus protection software on your personal computer to avoid such circumstance.
SYDNEY.COOL does not represent or warrant that the information or data on or content of the Website complies with the regulatory regime of any country other than Australia. If you access the Website from locations outside Australia you do so entirely at your own risk and you will be responsible for compliance with local laws.
By submitting content to SYDNEY.COOL for inclusion on the Website, you grant SYDNEY.COOL a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content.
Limitation of Liability
In no event will SYDNEY.COOL, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SYDNEY.COOL under the Agreement during the twelve (12) month period prior to the cause of action. SYDNEY.COOL shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Your permission and authorization to use the Website will automatically terminate together with the Agreement in the event that you breach any of the Agreement. Furthermore, SYDNEY.COOL reserves the right to refuse access to the Website to any user at any time at its sole discretion.
In the event of termination of the Agreement under this clause, you agree that you will immediately cease any attempt to access the Website and you will destroy content or materials which you may have downloaded or printed from the Website.
In any event, any breach of the Agreement will entitle SYDNEY.COOL to immediately terminate your access to and use of the Website without notice.
The Agreement will be governed by the laws of the state of New South Wales, Australia. The parties hereby submit to the exclusive jurisdiction of such courts.
If any provision of the Agreement is found to be invalid or unenforceable by any authority having competent jurisdiction, that provision will be construed to reflect the parties’ original intent, and such invalidity or unenforceability will not affect the validity of the remaining provisions of the Agreement which will remain in full force and effect.
The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, the terms of the Agreement. SYDNEY.COOL may assign its rights under the Agreement without condition.
Entire Agreement; Amendments
The Agreement constitutes the entire understanding between SYDNEY.COOL and you concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized representative of SYDNEY.COOL, or by the posting on the Website a revised version.
Any dispute, controversy or claim arising out of, relating to or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration (“ACICA”) Expedited Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be three. The decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.