Introduction
This website and its contents ("Website") is owned and operated by Experience Gold Coast Pty Ltd A.B.N. 77 633 448 094 (“Experience Gold Coast”, “we”, “us”, “our”).
By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as “Terms of Use”).
The Terms of Use govern the use of this Website and outline the terms of use of the Website and any communications, facilities or content available via the Website.
We reserve the right to amend these Terms of Use at any time without notice. We therefore encourage you to check this document regularly.
Links to Third Party Sites
We assume no responsibility and accept no liability for the condition or content of third party websites that may be linked to or accessed from the Website. We do not authorise or endorse the content of those third party websites and shall not be liable for any loss arising out of their use.
Cookies
Cookies and other information are used on our Website to optimize the viewing experience, troubleshoot any problems and better serve content. A cookie is a piece of information that our web server may send to your machine when you visit our Website. The cookie is stored on your machine, but does not identify you or give us any information about your computer, so is not personally identifiable information under Australian law. A cookie helps us to recognise you when you re-visit our Website and to co-ordinate your access to different pages on the Website. With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more.
There will also be marketing related cookies offered on the Website, which you can opt-out of at any time.
Competitions and Promotions
Certain parts of the Website may contain competitions or promotions from us or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, we specifically retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.
Disclaimer and Liability
This Website is provided on an “as is” basis and use of the Website is at your own risk. While we have used our best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information. Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).To the fullest extent permissible by law, subject to any Non-Excludable Guarantees, we, our related entities, affiliates, partners and suppliers and their respective directors, employees, agents and contractors, expressly exclude all terms, representations and warranties, express or implied, in connection with the operation of the Website, your use of or access to the Website, or inability to use or access the Website, the results of your access or any information, content or products or services available on the Website.
To the fullest extent permitted by law, except for any liability that cannot by law be excluded, including under the Non-Excludable Guarantees, we, our related entities, affiliates, partners and suppliers, and their respective directors, employees, agents and contractors, exclude all liability in contract, tort (including negligence) or otherwise, or any loss or damage, whether direct, indirect, incidental, special and/or consequential, arising in any way out of any use of or access to the Website, or any inability to use or access the Website, the results of your access or any information, content or products or services available on the Website.
To the fullest extent permitted by law, for liability that cannot be excluded by law including under the Non-Excludable Guarantees, our liability shall be limited at our sole option to, if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired and, if the breach relates to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
Indemnity
You agree to indemnify and keep indemnified us, our related entities, affiliates, and their respective officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the breach of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property
The Website and all related material and content available on the Website is subject to and protected by copyright, trade mark and other intellectual property laws. All intellectual property rights in relation to the Website and all related material and content is owned by us, and/or our suppliers or licensors respectively. All rights reserved.
You may view, access or interact with the Website for your own personal use in the same form as presented via the Website, or as otherwise indicated via the Website or these Terms of Use only, and provided you do not remove any copyright or trade mark notices. You must not otherwise copy, communicate, modify, transfer, distribute, sell, publish, post or store any of the contents of the Website, or incorporate any part of the Website into another website without our prior express consent.
Use
You must not use the Website in any manner which is unlawful or which violates any right of us or other users. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
User Submission
Policy Experience Gold Coast may display content generated by users of its social media platforms including Facebook, Instagram, Twitter, YouTube, Pinterest, TikTok, LinkedIn, Wechat and Douyin (User Generated Content, UGC) on our website and other digital platforms and within our electronic direct mail (eDMs). Experience Gold Coast does not claim to have ownership to any of the images, videos or content posted through these channels. However, by posting to our official channels or tagging @experiencegoldcoast or #GCExperienceExchange you hereby grant us a non-exclusive, royalty free, worldwide, revocable, non-transferable , perpetual licence to use, modify, delete from, add to, publicly display and/ or reproduce your UGC without limitation in any online media formats and through any social media channels, pages or accounts, including, without limitation, this Website.
On the Experience Gold Coast social media channels we will credit your name and / or business name but due to technical reasons, some of the UGC shared on the Website and via eDMs may not be credited. You can revoke this licence at any time but contacting us via email at digital@experiencegoldcoast.au.
Furthermore, due to technical reasons, some of the UGC shared on the Website is not always reviewed by Experience Gold Coast before displaying on the Website and does not necessary reflect the views of Experience Gold Coast. If you find the content to be inappropriate or discriminatory, please contact us at digital@experiencegoldcoast.au to report the issue.
There may also be facilities on our Website and social media channels for you to submit or post UGC. Where you submit UGC (in whatever format):
(a) you grant us a non-exclusive, royalty free, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/ or reproduce your UGC without limitation in any online media formats and through any social media channels, pages or accounts, including, without limitation, this Website;
(b) you agree that whether and in what form the UGC is published on our social channels, the Website or within eDMs is at our sole discretion;
(c) you give unconditional consent for the UGC to be altered, edited or adapted as we or our sub-licensees think fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;
(d) you agree that you do not require, nor does anyone else require, attribution for the UGC; and
(e) you acknowledge that you may be held legally responsible for the UGC you submit. You acknowledge that you must evaluate and bear all risks associated with the use of any UGC, including any reliance on the accuracy, completeness or usefulness of such UGC.
(f) you agree not to upload, post, transmit or otherwise make available any UGC that is unlawful, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libellous, invasive of another's privacy, hateful, or radically, ethnically or otherwise objectionable, including but not limited to;
(i) depicting or alluding to or promoting offensive or illegal behaviour;
(ii) exploiting people in a sexual or violent manner;
(iii) harassment or advocating harassment of others;
(iv) promoting or inciting racism, bigotry, hatred or physical harm of any kind against any group or individual;
(v) containing nudity, violence, or a link to an adult website; (vi) providing any telephone numbers, street addresses, last names, personal banking or financial information, URLs or email addresses;
(vii) promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(viii) furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy or creating computer viruses;
(ix) photographs or images of another person or another person's property that has been submitted without that person's consent (or where that person is a minor, the consent of their parent or legal guardian); or
(x) multiple repetitive or successive off-topic posts;
(g) you agree not to impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;
(h) you agree not to upload, post, transmit or otherwise make available any UGC that you do not have the right to make available under any applicable law or under any contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships);
(i) you agree not to upload, post, transmit or otherwise make available any UGC that infringes any patent, trade mark, confidential information, copyright or other proprietary rights of any party;
(j) you agree not to upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials; or
(k) you agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code.
By posting UGC to the Website, or our social media channels, you warrant that:
(a) you have the rightful power and authority to provide the UGC in the form and manner and name in which it is submitted;
(b) you own the UGC and have the right to provide the licence and other usage rights contemplated herein;
(c) the UGC does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
(d) the UGC does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
(e) if the UGC in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those third parties (or their parents or legal guardians, as applicable) to include them in your UGC;
(f) your UGC does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(g) your UGC does not contain material that has been previously broadcast, streamed, published or televised in any way;
(h) you will not post UGC or use the website for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce;
(i) during the course of creating your UGC your conduct was not illegal, contrary to any applicable law, indecent, obscene, threatening, discriminatory or harassing to any person; and
(j) you agree to your UGC being available on the website and our social media channels for public viewing and comment (as well as within Experience Gold Coast eDMs) and that your UGC may be used by us or our sub-licensees in any media for an unlimited period of time without remuneration or compensation for any purpose in our sole discretion.
Monitoring of User Generated Content
You acknowledge that Experience Gold Coast may or may not pre-screen UGC, and that there is no obligation on Experience Gold Coast to pre-screen UGC, and that Experience Gold Coast shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any UGC provided by you.
Without limiting the above you agree that Experience Gold Coast may edit, remove or not publish any UGC if it considers that the UGC:
(a) is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
(b) is false or misleading;
(c) will infringe intellectual property rights (including copyright) or a person's moral rights upon publication;
(d) is abusive, offensive or obscene; or
(e) is otherwise in breach of these Terms of Use.
Although we may from time to time monitor or review UGC, discussions, chats, postings or other contributions to the Website, social media channels and eDMs, we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication, to the fullest extent permitted by law.
Termination and Cancellation
We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms of Use herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.
Severability
In the event that any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision shall to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.
Applicable law
The Terms of Use are governed by and to be construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.
We make no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.