No unlawful or prohibited use
As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website. You agree not to hack into areas of this Website that are not intentionally made available to you.
You expressly agree not to:
- use the Website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval;
- engage in any internal or external spamming, or other similar actions;
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions;
- decompile, reverse engineer, or try to copy or imitate our Website or underlying content.
This Website may contain links to other Websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. Similarly, we are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Website, or any association with its operators.
Copyright, Trademarks and other Intellectual Property
Sparkling Noosa owns the intellectual property rights in the contents of this Website or has permission to use or display the material on this Website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our Website content in whole or in part except as expressly authorised by us.
Images and item descriptions posted on this Website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
The names of actual companies and products mentioned on this Website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on this Website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Personal Use Only
You may access, download, or print material from our Website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this Website or any site accessible through this Website. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our Website content or our intellectual property.
You warrant that you hold the necessary rights and interests to use any material you submit to Sparkling Noosa (Your Content) and that all of Your Content does not infringe any third party intellectual property rights, including copyright and trademark rights.
By submitting Your Content to Sparkling Noosa you irrevocably grant Sparkling Noosa a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content for the purpose of providing services to you, now or in the future. We will not use Your Content for any other purpose. You indemnify Sparkling Noosa against any claims made for breach of intellectual property rights in respect of Your Content.
At our sole discretion Sparkling Noosa may remove or disable Your Content if we believe Your Content to be in violation of our terms and conditions. Sparkling Noosa is not obligated to return any of Your Content to you under any circumstances.
If you believe that there is material on our Website that infringes third party intellectual property rights, please email us with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Sparkling Noosa Website if appropriate.
Sparkling Noosa make efforts to maintain the security of the Sparkling Noosa Website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the Website and conduct our business. However, we do not guarantee the security of the Website, our records, or Your Content.
Sparkling Noosa disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection. The Sparkling Noosa Website is managed by third party services therefore the Website may be inaccessible from time to time.
While every care is taken, Sparkling Noosa does not guarantee the accuracy of the information contained within this Website. The information available through this Website is provided for educational and promotion purposes only. Business processes and laws do change over time, and this may affect previous content not yet updated on the Sparkling Noosa Website.
You are responsible for any results you obtain as a result of using the information on this Website.
You acknowledge and agree that no information or advice provided by us constitutes advice in relation to any or maintenance methods, processes or products or creates a warranty of any kind with respect to this Website or its content. For the avoidance of doubt, you acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.
This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this Website or the products or services found on this Website.
Limitation of liability
Sparkling Noosa will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this Website in any way, subject to the requirements of Australian Consumer Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those products or services again, or to a refund equal to the total amount paid by you for the particular products or services that are the subject of the cause of action, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this Website or the products or services found on this Website.
You agree to indemnify and defend Sparkling Noosa from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to: any content you post via this Website; your unauthorised use of this Website, or products or services included or advertised on this Website and your breach of these terms and conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sparkling Noosa as a result of this agreement or use of this Website. Sparkling Noosa’s performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, or with regard to information provided to or gathered by us with respect to your use.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
Feedback, comments or complaints
If you have any questions, please contact Us: [email protected]