Get Connected Terms and Conditions

16 July 2012

If we accept your application for a new membership or membership renewal, as applicable, the following terms apply:

1. Membership Eligibility: Membership is open to NSW tourism operators. The tourism business must be located and or operate its service within New South Wales. A tourism operator is categorised into one or more of the following categories:

Accommodation  |  Tour  |  Attraction  |  Event  |  Hire  |  Transport

Definitions of these categories are included as part of these Terms and Conditions here. Our determination of your eligibility and appropriate categorisation is final. Destination NSW has the final right to reject a product if it is felt to be inappropriate for listing on Get Connected and display on visitnsw.com.

2. Membership and Term: Membership to the Get Connected program is subject to your agreement to update information about your product Get Connected at least once every 12 months.

If you fail to do so,  Destination NSW may either:
i. agree to update the information on your behalf; or
ii. terminate your membership.

We will endeavour to display your product details on visitnsw.com within seven days of receipt of a completed product record within Get Connected. This includes completion of all mandatory fields. Your renewal to the program is subject to these terms, while we continue to offer memberships.

3. Updating Get Connected: You must use best efforts to ensure that at all times the information listed in Get Connected is current and correct. We may update or modify your information or materials at any time, but are not obliged to do so.

4. Unsuitable material: Without notice, we may reject for display or remove from our websites, the Australian Tourism Data Warehouse or the australia.com website anything including graphics, linkages or text description which we consider unsuitable for display for any reason including because it is technically unsuitable, offensive, defamatory or otherwise illegal.

5. Position: The positioning of your listing on our websites is at our discretion.

6. Mandatory information: We are under no obligation to publish any information you enter into the database. The information that is mandatory may be varied from time to time without prior consultation.

7. Provision of material: When updating Get Connected, you must give us all materials and information required for your membership. You must upload up to nine images for inclusion in your listing. You grant us a perpetual royalty free licence to use as we wish all material and information you provide, for purposes associated with promotion of tourism in New South Wales. This licence allows us to supply the material and information to other persons involved in promoting tourism including placing the material and information in the Australian Tourism Data Warehouse. We are not responsible for the loss of or return of any material you provide.

8. Linking: Destination NSW provides a link to a Get Connected Member’s “product website” or other site specified by the product owner/ manager in writing to Destination NSW.

9. Technical issues: All information and material (including images) you supply must comply with our technical criteria, and our advertising and technical policies in force from time to time that will be posted on the Get Connected website when applicable.

The Get Connected database works best using Internet Explorer 7 and above or Firefox.

Get Connected does not work properly if you use a Google Toolbar (any toolbar) or if you have pop-ups blocked.

10. Warranties: You warrant that you are acquiring the membership based on your own enquiries. You also warrant that all information provided in connection with your Membership:

a) is accurate, up to date and comprehensive (and is not fraudulent or misleading or deceptive);
b) can be licensed to us as set out in these terms;
c) does not infringe any other persons intellectual property or other rights;
d) does not breach any relevant law;
e) is not defamatory, obscene, libellous, harassing or otherwise illegal; and
f) does not contain any virus, Trojan horse or other destructive agent which may interfere with or damage any system.

11. Indemnity: You indemnify us and our officers against all costs, claims, demands, damages and loss of any kind in any way attributable to or arising out of this agreement or our acceptance of your membership or display of your material including due to breach of your warranties to us or use of your product or facilities by anyone.

12. Implied terms: The only terms implied into these terms are those which cannot be lawfully excluded. Where these terms involve the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of those terms (other than section 69 of the Trade Practices Act) will be limited, at our option as the case may be, to any one or more of: the replacement, repair or payment of the cost of replacement or repair of the goods; supplying the services again; or payment of the cost of the services being supplied again.

13. Limitation of liability: To the extent permitted by law, we will not be liable for any claim, loss, damage or expense suffered or incurred arising directly or indirectly out of these terms, the relationship between us or the display or non-display of your details or otherwise whether or not caused by our negligence (including consequential or indirect loss such as loss of data or loss of profits).

14. Maximum liability: To the extent permitted by law, if clause 13 is ineffective, our maximum total liability to you for any claim, loss, damage or expense arising directly or indirectly out of these terms, the relationship between us or the display or non-display of your details or otherwise (including negligence) is $10.

15. Availability and results: We do not warrant that the websites or any websites we distribute content to, or the services provided will be error free or that use of those websites will be error free or uninterrupted or at any level of performance. We give no warranty about the results including booking levels, user statistics or level of coverage likely to be received. However, we will promote the websites at our discretion.

16. Termination: We may end or suspend display of your membership or access to either Get Connected and/or our websites at any time without notice and for any reason.

17. No agency: Our relationship with you is that of independent contractors. No agency, partnership or joint venture is intended or created by these terms.

18. Changes: These terms are subject to change by us and amendments are effective on the date we post them to our website.

19. Entire agreement: These terms set out the entire agreement between the parties. All other terms are excluded to the extent permitted by law.

20. Severance: If any part of these terms is held invalid, unenforceable or illegal, the remaining terms continue in full force.

21. Law: These terms are governed by New South Wales law. Each party submits to the non-exclusive jurisdiction of Courts having authority in that State.

22. No assignment: You must not resell or assign any rights under this agreement.

23. Meaning of words:
Get Connected membership means:

  • A listing on the Destination NSW websites with up to 150 words of motivational text, a minimum of one image, contact details including email address, hyperlink to your website, description of facilities,  indicative rates, star rating (if applicable), and a booking enquiry button.
  • A listing in Get Connected, which is the Destination NSW information database, is used to distribute product & destination information to Destination NSW websites.
  • A listing in the Australian Tourism Data Warehouse (ATDW) which distributes product information to other Tourism websites, such as the Tourism Australia website, australia.com, and/or tourism wholesalers. The operators of the ATDW reserves the right to display to the public whatever information is contained within the Australian Tourism Data Warehouse.
  • A Get Connected membership excludes display on any affiliated website that are not managed by Destination NSW.

Get Connected website means the destinationnsw.com.au/getconnected website;
Membership means a Get Connected membership;
Terms means these terms;
we, us and our means or refers to Destination NSW;
Mandatory information means the minimum information required to display your product on the websites.
Destination NSW websites means the visitnsw.com and sydney.com websites;
you and your means or refers to the person applying for Membership.

Membership Categories

Destination NSW adheres to the following definitions set and maintained by the State Tourism Organisations who participate in the Classifications Committee of the ATDW.

Attractions

An attraction applying for a listing with Destination NSW must primarily cater for the leisure-tourism market. A tourism attraction is a particular place/area of interest to a leisure tourist, and:

  • Offers a unique, distinct experience reflecting the area in which it is located.
  • Is open/accessible most days of the year, with regular opening/access hours.
  • Is static and has a distinct boundary.
  • Can be free to enter or have an admission fee.

Tourism attractions are not community/travel services  or “general businesses” (eg. banks, leisure centres, laundromats, internet cafés, cafés, delicatessens, pubs, travel agencies, travel retail stores etc.). These are deemed to be “general businesses” and are not permitted membership.

A venue is not automatically a tourism attraction - the event being held at that venue is what may appeal to the leisure tourist (see event definition). If however the venue applying for a listing is an icon in its own right with general or region wide awareness through historical or cultural significance and regular tours are offered to the public with informative commentary then it may apply to be considered for a listing and if granted, conditions will apply.

Restaurants, cafes and bars which offer leisure visitors a high quality and/or unique  dining experience can list their product on sydney.com and visitnsw.com. See the restaurant category for details on how to register.

Events

A tourism event is a happening that occurs in a specified timeframe (that is, has a set start and end date). An event may occur at regular intervals, annually (yearly), fortnightly, or once only. Tourism events include, but are not limited to: exhibitions and shows, performances, major sporting fixtures, music, food and wine festivals.

An event organiser applying for a listing with Destination NSW must have an event that  is relevant to the leisure tourism market.

Accommodation

An accommodation establishment is a place offering accommodation for leisure tourists. Tourism accommodation applying for a listing with Destination NSW must cater for the leisure-tourism market and provide accommodation that is bookable on a nightly, weekly, mid-week or weekend package basis. All accommodation properties must be categorised into one of the standard Get Connected accommodation types: backpacker/hostel, bed and breakfast, caravan/camping, farm stay, hotel and motel or resort. Accommodation offering short-term or long-term leases are not suitable for listing. Accommodation booking services are not eligible to list.

Hire

A tourism hire company provides products or services that are hired for a specific period of time and can be used/operated by the leisure tourist.
A hire operator applying for a listing with Destination NSW must offer products for the leisure-tourism market.

Hire operators offering products/services relating to party hire, wedding hire, catering, business hire etc are not applicable for a listing.
Hire services must be categorised into one of the standard Get Connected hire types: air, bicycle, equipment, vehicle and water.

Tours

A tour is a guided experience. The tour category includes tourist tuition providers as well as scheduled tour operators and tailored tour operators. A tour operator or tuition provider applying for a listing with Destination NSW must cater for the leisure-tourism market.

Tourist tuition providers include for example: surfing schools; sailing schools; wine appreciation classes at a vineyard; cooking schools etc. Tourist tuition operators must provide a leisure-tourism experience of significant appeal to tourists.

Tourist tuition and tour services must be categorised into one of the standard Get Connected tour types: extended, full day, half day or less, night, tailored.
Destination NSW reserves the final right to reject any product or service if it is felt to be inappropriate for listing on Get Connected and display on visitnsw.com.

Restaurants, cafes and bars

If you own or manage a restaurant, café or bar, Destination NSW has partnered with de Groots Media, publishers of the highly successful website bestrestaurants.com.au, and are offering NSW businesses complimentary membership. De Groots membership will offer your business added exposure by publishing your information on bestrestaurants.com.au, sydney.com and visitnsw.com.
To take advantage of this great opportunity, simply go to: bestrestaurants.com.au/list-your-restaurant and complete the online registration form.

Transport

A transport company provides transportation for point to point travel / transfers for the leisure tourist. All transport companies must be categorised into one of the standard product types: air services, coach services, ferry services, rail services, transfers.

Marketing organisations that specialise in re-selling transport products are not eligible.

Please note transport listings do not display on sydney.com or visitnsw.com. Your information will only be displayed on authorised ATDW distributor websites. For a full list of websites, please visit: distribution.atdw.com.au/distributors

Images

Term and Conditions for Destination NSW to use images

Destination NSW preferred method of receiving images is in digital format ready to load into your listing. Each image should be saved as a jpg file and named using a description for example:

Name of image 1 - room.jpg
Name of image 2 - pool.jpg
Name of image 3 - garden.jpg
Name of image 4 - logo.jpg

Upload Your Own Images

You can upload up to nine images of your product which will be displayed in an image gallery. High quality images improve the experience for visitors to the sites who prefer to see a range of images of accommodation, tours, attractions, items for hire and events before they book. Use the image gallery to showcase your product.

Recommended image size (pixels):
2048 x 1536 (landscape)

By providing your images to Destination NSW you must satisfy the following criteria:

  • You own the copyright on the images;
  • You give approval for Destination NSW to distribute the image as part of Destination NSW E-Business Distribution Strategy for use including, but not limited to, our international websites and other third parties including Tourism Australia;
  • You give Destination NSW a non-exclusive and perpetual license to copy, use and further distribute your images;
  • Your images will be distributed where Destination NSW believes benefit will be derived for tourism in NSW and stakeholders.

Please note that by giving permission for Destination NSW to use your images, you are not relinquishing your copyright ownership.

By accepting these Terms and Conditions you are agreeing to:

  • Newsletters about the Get Connected Program
  • Reminder e-mail from Destination NSW that your product listing is about to expire on our database and website and will need to be updated
  • Special announcements and notification about upcoming marketing campaigns
  • Special partners: Receive special promotions from a select group of Destination NSW - approved partners.

By accepting these Terms and Conditions you are agreeing to, and acknowledge our Privacy Policy and agree to our Terms and Conditions to be a part of our Get Connected Program.

More Get Connected information

Who can participate?

How to get listed

Frequently asked questions

Australian Tourism Data Warehouse

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