Terms and Conditions

Introduction

These terms and conditions refer to the use and access of the MyYamba.com.au website.  Your access to and use of the Site is subject to these Terms and Conditions. Use of the Site indicates your acceptance of these Terms and Conditions. Please read them carefully before using the Site.

1. Use of Site

The Site provides an a directory listing service between the suppliers, tourism operators, local businesses and accommodation providers (each called a “Supplier”). The Site allows You to search, compare and contact suppliers through the information provided. This Site also provides tourim information about the Yamba region.

2. Information

(a) MyYamba.com.au information All information detailed on this Site are accurate at the time of publishing. Information is subject to change from time to time and it is Our endeavour to maintain the accuracy and integrity of information contained on this Site. (b) Supplier information This Site contains information provided by third party suppliers including for tours, accommodation, events, business listings and ANY other third party listing. MyYamba is not responsible for ANY information provided by these third party suppliers.

3. Links and Advertising

(a) This Site contains links to third party websites. Those websites are not under the control of MyYamba.com.au and MyYamba.com.au is not responsible for the content of the links contained in those websites or any webcasting or other transmission received from any such websites. (b) Neither MyYamba.com.au nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that You enter any third party websites at Your own risk. (c) The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither MyYamba.com.au nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If You choose to order a product or service advertised by a third party on the Site, You do so at Your own risk.

4. Warranties

(a) MyYamba.com.au does not warrant that: (i) The Software or the Site will provide any function for which it is not specifically designed; (ii) The Software or the Site will provide any minimum level of performance; (iii) The Software or the Site will be virus free or free of performance anomalies or be operational without interruption. (b) You warrant to Us that at the time of entering into the Site, You were not relying on any representation made by Us. (c) Except as expressly provided to the contrary, and to the maximum extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of Your access to or the results of Your access to the Software, or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or products included on the Site. (d) Except as expressly provided to the contrary, and to the maximum extent permitted by law, We make no representations or warranties of any kind, express or implied as to the security, safety or quality of accommodation or any recreational activity being the subject of a Booking and all risk associated with accommodation or a recreational activity is solely Your own risk. Recreational activities booked through reading the information on  MyYamba.com.au may be dangerous and entail inherent risk to health or personal safety.

5. Disclaimer and Limitation of Liability

(a) This Site is provided by MyYamba.com.au without any express or implied warranty of any kind. (b) The Software or the Site may contain inaccuracies or typographical errors. (c) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties. (d) MyYamba.com.au may change any of the material on the Site at any time without notice and makes not commitment to update any material on the Site. (e) You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state of the material on or accessible through the Site. (f) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from Your use of the Site or the material on or accessible through the Site or any arrangements you make with the supplier or based on information based on this Site. (g) We will not be liable for any loss or damage (including indirect, special, punitive or consequential loss or damage) arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if MyYamba.com.au has been advised of the likelihood of such damage and whether or not caused by any negligent act or omission including but not limited to:-(i) Your reliance on the Software or the Site; ii) the statements or actions of any employee or agent of MyYamba.com.au; (iii) any unauthorised access to or alteration of Your transmissions or data; (iv) any information that is sent or received or not sent or received; (v) any failure to store or loss of data or files or other content; (vi) Your fraudulent, negligent or otherwise unlawful behaviour; (vii) any delay or interruption of the Software, or the Site; (viii) any loss incurred as a result of a third party obtaining Your Personal Information, either with or without Your knowledge; (ix) any loss or damages in relation to the supply of services on or in relation to this Site and any advertisement placed on the Site or information made available on the Site. (a) We will not be liable for loss, damage, injury or death sustained to person or property arising from or directly or indirectly related to any information given on this Site, even if MyYamba.com.au has been advised of the likelihood of such damage and whether or not caused by any negligent act or omission or otherwise.

6. Release and Indemnity

You agree to release and hold harmless and indemnify and keep indemnified MyYamba.com.au, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs suffered by You (including solicitor client costs on a full indemnity basis) and all third-party claims (including by the Supplier), liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person in relation to or in connection with Your Booking, Your use of the Site, the Software or Your failure to comply with these Terms and Conditions, or from Your violation of any applicable law or the access to the online service by a third party, either with or without Your knowledge.

7. Termination

(a) MyYamba.com.au reserves the right to deny You access to, or use of, all or part of the Site, without prior notice, if You engage in any conduct that MyYamba.com.au believes, in its sole discretion: (i) violates any term or provision of these Terms and Conditions; or (ii) violates the rights of MyYamba.com.auor any third party; or (iii) is otherwise inappropriate for continued access and use of the Site. (b) MyYamba.com.au may terminate Your right to access to, or use of, all or part of the Site, immediately on written notice to You, if You (i) commit a material breach of these Terms and Conditions, which is capable of remedy, and You fail to remedy the breach within a reasonable time of a written notice to do so; or (ii) commit a material breach of these Terms and Conditions which cannot be remedied; or (iii) are repeatedly in breach of these Terms and Conditions. (c) Termination of Your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on You, disclaimers and limitations of liability set out in the Terms & Conditions will survive termination.

8. Privacy Policy

(a) The MyYamba.com.au Privacy Policy forms part of these Terms and Conditions. (b) A breach of the MyYamba.com.au Privacy Policy shall constitute a breach of these Terms and Conditions. (c) In addition to the MyYamba.com.au Privacy Policy, the following applies to any information that You provide to MyYamba.com.au when making a Booking or otherwise: (i) You authorise Us to use, store or otherwise process any information including personal information which relates to and/or identifies You, including, but not limited to, Your name, company or business name, email address and postal address („the Personal Information‟), to the extent reasonably necessary for the provision of the online booking services provided by us. (ii) You must ensure that the Personal Information You provide to Us contains Your correct name, address, e-mail address and other requested details. (iii) By accepting these Terms and Conditions, You agree to the processing and disclosure of the Personal Information for the purpose of us providing the online booking services to You. If You would like to review or modify any part of Your Personal Information then You should contact Us. (d) If You do not wish to use the Site for the provision of Your Personal Information, we provide alternate means of communication (for example, fax, letter, phone and office visits) for the purposes of obtaining Personal Information. To arrange alternative contact methods, please see the contact us section of this Site.

9. Confidentiality

We will keep in confidence Your Personal Information and will not disclose that information to any other person without Your written consent.

10. Jurisdiction

The Terms and Conditions and use of the Site will be governed by and interpreted in accordance with laws of New South Wales,  Australia. You and We agree to jurisdiction of the courts of New South Wales, Australia to determine any matter arising out of these Terms and Conditions and use of the Site.

11. Updated Terms and Conditions

We may from time to time vary, amend and update these Terms and Conditions and You will be bound by such changes.

12. Severance

If a provision of these Terms and Conditions is found to be void or unenforceable it may be severed from these Terms and Conditions and the provisions that are not void or unenforceable are unaffected by the severance.