Terms of Use (Terms & Conditions)
Please also read our Privacy Policy page.
This isn’t going to be our most exciting page, and we want you to read our other blog posts and destination guides more than anyone else - but it’s also important to set out our terms of use and get them out of the way, so that you can go back to enjoying our site!
This Terms of Use page govern the use of the website located at www.beyondthebay.co and any other sub-domains.
By visiting Beyond the Bay, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with all the Terms of Use, you are prohibited from using or accessing this website or using any other services provided by Beyond the Bay.
Beyond the Bay reserves the right to review and amend any of these Terms of Use at our sole discretion, at no notice. Any changes to these Terms of Service be effective immediately from the publish date.
These Terms of Use was last updated on 28 February, 2022.
Limitations of Use
You agree to not, in any circumstance:
use the Beyond the Bay website to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use the Beyond the Bay website in violation of any applicable laws or regulations;
use the Beyond the Bay website in conjunction with sending unauthorised advertising or spam;
harvest, collect or gather user data without the user’s consent; or
use the Beyond the Bay website in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
Unless otherwise stated, we own, or have been licensed to use, all the intellectual property rights in our website. This is including but not limited to our photographs, videos, blog posts, itineraries, and more. These works are protected by applicable copyright and trademark laws. All such rights are reserved.
You must not use our content for any commercial purposes, in any way, unless written consent from us has been previously obtained.
You must not pass off, or purport to claim our work as yours in anyway. This includes reproduction of content without proper accreditation.
Link Use
Beyond the Bay has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of a link on any Beyond the Bay page does not constitute an endorsement of any kind. If you choose to click a link, this is entirely at your own discretion and we will not be held liable for any loss, distress or any other kind of damage.
Limited Liability and Accuracy of Information
This website is provided on an “as is” and “as available” basis. The information on our website is for general use only, and is, in no capacity, meant to constitute professional advice or a professional service of any sort. You agree that we will not be held liable for any loss or detriment of any kind in relation to you using the website. We do not make any representations, warranties or guarantees, whether express or implied, that the content on Beyond the Bay is free from errors or omissions. Any reliance of any kind on the content on the website is entirely at your own risk, and we will not be held liable for any harm, loss (consequential or direct), or damage of any kind to either yourself or any third party arising from the use or inability to use this website.
“Consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Indemnification
By using the Beyond the Bay website, you agree to indemnify any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees), resulting from or arising out of: a) your use and access of the Beyond the Bay website, or b) a breach of these Terms of Use.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Right to Terminate
At any time, we reserve the right to suspend or terminate your right to use our website, and terminate these Terms of Use immediately upon providing written notice to you for any breach of these terms.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Applicable Governing Law
These Terms of Service, and any other page on this website, is governed by the laws and principles of Australian law. By using this website, you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Queries and Questions
If you have any questions about any of the above, please feel free to contact us.