Terms of Use

11 July 2016

The functionality on this website, mobile website and application (Website) is provided by Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street, Sydney NSW 2000 (Destination NSW).

Where references in these Terms and Conditions is made to “we”, “us”, “our” or “Vivid Sydney”, then that is a reference to Destination NSW.

By using this Website, you agree with us to be bound by these Terms and Conditions, the privacy policy) (Privacy Policy) and any other terms and conditions that appear in or are linked to the Website. If you do not agree to these Terms and Conditions then you should discontinue use of this Website.

Permitted Use

You agree to use the Website solely for your own personal, non-commercial use and agree: (a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us; (b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the Website any audio, video, images, information, material or other content (Content) of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the Website any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the Website any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; (h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.

Minimum Age

You warrant that you are over the age of 13.

Use of Content

With respect to the Website, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your User Content. You agree that where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you (User Content) and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

Intellectual Property

The Intellectual Property may only be used or reproduced by you for non-commercial personal use. No part of this website or Intellectual Property may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent.

All User Content uploaded, posted or submitted to the Website by you as User Content will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason). You must not upload, post or submit to the Website any content that would infringe the intellectual property rights of any other person.  By uploading, posting or submitting any User Content to this Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.

Confidential Information  

Any information that we collect from you, User Content, or personal information (as defined in the Privacy Policy) will be held by us in the strictest of confidence.

Third Party Material

This Website may contain links to content or websites operated by third parties (Third Party Links).  Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by, sponsored or approved by us.  Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.

Cookies

Cookies are blocks of data that we may issue to or request from your device during your use of this Website.

We use cookies from time to time to enable this Website to work more efficiently, to provide us with information about your activities whilst on this Website, and to collection information about general Website statistics.

Our use of cookies will not allow us to obtain personal information that will identify you. Such personal information will only be provided to us if you have set the preferences in your browser to provide this information automatically.

You may delete and block all cookies used by this Website, however if you do so, parts of this Website may not work as designed.

The listed websites may utilise cookies to enhance the user’s experience of the site. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. Cookies record your preferences in relation to your use of a site and provide other information that allows us to recognise you in the future. The cookies on the listed websites do not read the information on your hard drive nor do they make your computer perform any unauthorised actions or make your computer send information to any other computer via the Internet.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to allow it. However, if you decide to not accept cookies, some of Destination NSW’s web pages may not display properly or you may not be permitted to access certain information. When you access any of the pages on the website, we automatically record information that identifies, for each page accessed:

  1. the IP (Internet Protocol) address of the machine which has accessed it
  2. your top-level domain name (for example .com, .gov, .au, .uk etc.)
  3. the address of your server
  4. the date and time of your visit to the site
  5. the pages accessed and documents downloaded
  6. the previous site visited
  7. the type of browser and operating system you have used.

The information collected during each visit to our website is aggregated with similar logged information and published in reports in order for Destination NSW to manage its website services and identify patterns of usage of the sites. This will assist us in improving Destination NSW’s sites and the services offered on them.

If you would like to find out more information about cookies, including how to manage them, visit allaboutcookies.org.

Data Matching

“Data matching” means the bringing together of at least two data sets that contain personal information, and that come from different sources, and the comparison of those data sets with the intention of producing a match. DNSW may from time to time utilise Google’s Customer Match technology (a data matching tool) to provide a service to you whereby offers are geared to your personal preferences.  Accordingly, DNSW may share your personal information with Google’s Customer Match platform in order to undertake data matching.  In the course of data matching, your personal information remains protected through the use of a one-way hashing mechanism that cannot be encrypted.  Personal information that DNSW shares with Google, including email addresses, will be hashed against Google’s database of hashed users, without Google ever seeing the unhashed data.  By continuing to use this site, you consent to DNSW sharing your personal information with Google for data matching purposes.  If you would not like DNSW to use your personal information for data matching, you can request such by contacting DNSW on +61 02 9931 1111. For more information on Google’s Customer Match platform visit: support.google.com/adwords/answer/6334160

Pixels

“Pixels” means the use of use of pixels (1 x 1 pixel images that allow services to tell companies how many people have visited their site). When you take a certain action on our website, a request is sent to the server to download the tracking pixel attached to the content you’re interacting with. It’s an invisible process to you but the data collected will help us and our Sponsors build better digital ad and content experiences for you. All information collected is de-identified and we will never collect or disclose any personal information.

Liability

With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.

Indemnities

With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.

Privacy

You acknowledge that all personal information that we collect from you will be collected and handled in accordance with our Privacy Policy (vividsydney.com/privacy).

Amendments

These Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website are subject to change without notice to you at any time and at Destination NSW’s sole discretion. Your continued use of this Website will always be subject to the most current version of the Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website.

General

With respect to this Website, these Terms and Conditions as well as your use of the Website shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these Terms and Conditions without our prior written consent. We may assign or deal with the benefit of these Terms and Conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These Terms and Conditions (together with the Privacy Policy and other documents linked to these Terms and Conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing. These Terms and Conditions may only be amended by us as specified in clause 11 of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.

We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.

Holiday Planner

An initiative of Destination NSW on behalf of the NSW Government.

While Destination NSW makes every effort to ensure the information contained in this publication is true and correct at the time of publication, some information may be incorrect or may have changed since publication. All information contained in this publication is subject to change or update without notice. Before relying on any information contained in this publication you are therefore advised to personally confirm all information prior to making any travel, holiday or other arrangements. Destination NSW cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.

This publication may include tourism products and service information supplied by third parties. Inclusion in this publication is not an endorsement of the information or of the supplier of the information and Destination NSW makes no representations as to the accuracy or any other aspect of the information supplied by third parties or contained in third party internet sites.

Care has been taken to ensure legitimate usage of any copyright material. Destination NSW welcomes any information from entities who believe their copyright may have been infringed by this publication.

Maps

Maps on this Internet site are indicative only. You should refer to an appropriate road map prior to committing to any travel arrangements. Every effort has been made to ensure that the details on maps were accurate at the time of going to press, however Destination NSW cannot accept any responsibility for any errors or omissions. The representation of any road is not necessarily evidence of public right of way.

Publications

This website offers an extensive list of free publications. To download the publication, please follow the downloading instructions. The downloading of these publications does not involve the collection of Personal Information.

Your e-mail requests for publications or information are only used by Destination NSW to process your request for information and are not collected for any other purpose. After your request for information has been processed, your e-mail request and any Personal Information it contains is safely destroyed.

Market Research Surveys

Surveys are designed to collect specific market research and/or demographic information that Destination NSW may use for planning and strategy development. The Personal Information that is collected from you by this survey is de-identified so that your identity can no longer be determined. The original survey is held by Destination NSW. The information is only used in an aggregated form as statistical information. The statistical information that is collected is analysed to allow us to deliver more exciting and competitive travel related activities and events that in turn allow the NSW tourism industry to grow.

Competitions

Competitions are designed to encourage consumers to participate in travel related activities and events and to collect specific market research and/or demographic information that Destination NSW may use for planning and strategy development of future tourism products.

Once the winning entrant is determined, the Personal Information contained in the remaining unsuccessful entries is de-identified so that your identity can no longer be determined within the market research material. The original entry form is held by Destination NSW.

After the competition is determined, the remaining information is only used in an aggregated form as statistical information. The statistical information that is collected is analysed to allow us to deliver more exciting and competitive travel related activities and events that in turn allow the NSW tourism industry to grow.

As part of a competition, Destination NSW may invite entrants to select the option of receiving special promotional material via email. At this time, we may collect relevant preference information to better tailor the special promotional material we send to you. Should you elect to receive the special promotional material; the Personal Information we collect from you will only be used to send you the special promotional material and will not be used for any other purpose. The receipt of the special promotional material is voluntary and can be changed, deleted or unsubscribed at any time.

Disclaimer

This Internet site includes tourism products and services information supplied by third parties. Destination NSW uses its best endeavours to keep the information included in this Internet site up to date, however the information, for example, prices quoted and services availability, may change and all details should be confirmed with the product or service provider/operator. Inclusion in this Internet site is not an endorsement of the information or supplier of the information and Destination NSW makes no representations as to the accuracy or any other aspect of the information supplied by third parties or contained in third party internet sites.

All information in this Internet site is provided “as is”, with no guarantee of completeness, accuracy, timeliness, fitness for purpose or of the results obtained from using this information. The information is provided on the understanding that Destination NSW is not providing professional advice on a particular matter.

To the extent permitted by law, Destination NSW: excludes all warranties as to and responsibility for the accuracy, completeness or suitability of the information on this Internet site or any linked site or for any error or omission in that information; and will not be liable for any loss or damage suffered or incurred by any person arising from the use of or reliance on the information, material or data contained on this Internet site or any linked Internet site.

If the law does not permit exclusion of liability, to the extent the law allows, Destination NSW limits its liability to the resupply of the products or services supplied by Destination NSW (for example substituted information on this Internet site or access to this Internet site but not a replacement holiday or other tourism service) again or payment of the cost of resupply.

Feedback

Destination NSW values any comments you may have concerning the structure or content of this website. Your comments will be kept on file for planning purposes, so that our future upgrades to the website can incorporate the wishes of our users. Your e-mail comments will be kept solely for the purposes of future planning and will not be integrated into any of our consumer databases. We will not disclose your e-mail addresses or any Personal Information they may contain, to anyone outside Destination NSW. Should you wish to view your comments at any time please contact us at info@dnsw.com.au.

Destination NSW may provide feedback facilities on their websites to allow users to provide input into the future development of the sites and to comment on the provision of service by Destination NSW. The provision of personal details on feedback is optional.

Users may provide personal details for the purpose of receiving a reply to their feedback. This Personal Information will only be used for the purpose for which it was provided. We will not add your email address or name to any mailing list.

Destination NSW may publish aggregated information about feedback on the site, but will ensure that this aggregated information cannot be used to identify individual users.

Disclaimer

Your use of this Website is exclusively at your own risk.

This Website and the Content contained herein, is made available for information purposes only.  We do not give any assurances, warranties or representations of any kind, whether express, implied, statutory or otherwise, as to the accuracy, completeness or legitimacy of this Website’s content.

There are risks associated with the transmission of information over the Internet and you should therefore make your own assessment of the risks in the provision of your information to Destination NSW’s website.

This website contains numerous links to other organisation’s web pages. Destination NSW is not responsible for the information handling practices or privacy policies of those other organisations. Destination NSW can of course provide you with an alternative means of dealing with it, or transacting business with it, if you feel uncomfortable with the electronic transmission of information.