sanctuarycoveresort.org Terms of Service
Thanks for using our website and services (“services”). The services are provided by the Principal Body Corporate (“PBC”), located at Office 6, 5 Masthead Way, Sanctuary Cove, Qld, 4212.
By using our services, you are agreeing to these terms. Please read them carefully.
Our services are diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services.
Using our Services
You must follow any policies made available to you within the Services.
Do not misuse our Services. For example, do not interfere with our services or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our web services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our services does not give you ownership of any intellectual property rights in our services or the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Do not remove, obscure, or alter any legal notices displayed in or along with our services.
Our services display some content that is not the PBCs. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying traffic or safety laws.
You may need an Account in order to use some of our services. You may create your own account, or your account may be assigned to you by an administrator, such as the PBC or personnel employed by Sanctuary Cove Community Services Ltd (“the Company”). If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or your account, you must inform Body Corporate Services at the earliest opportunity. Neither the PBC nor any employee of the Company will be held liable for misuse of your information in the event of an account breach.
Privacy and Copyright Protection
The PBC privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the PBC can use such data in accordance with our privacy policies.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give the PBC (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
If you have an Account, we may display your Profile name, Profile photo, and actions you take on the website or on third-party applications connected to your Account (such as likes, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Account.
About Software in our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time. The PBC and its agents may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, neither the PBC nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Services
When permitted by law, the PBC, and its suppliers and employers, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of the PBC, and its suppliers and employees, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services.
In all cases, the PBC, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
The PBC recognises that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the PBC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and lawyers’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. The PBC will post notice of modifications to these terms on this page. The committee will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between the PBC, the Company and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply Queensland or Australian law to some types of disputes. If you reside in one of those countries then, where the law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Queensland and Australia where they apply and, excluding Queensland’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Queensland, Australia then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Queensland and Australia, and you and the PBC consent to personal jurisdiction in those courts.
For information about how to contact the PBC, please visit our contact page.
1 July 2016 Sanctuary Cove Principal Body Corporate