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Information means all of the information available on the Website including:
- hotel room availabilities;
- hotel room rates;
- hotel descriptions and photographs;
- hotel amenities;
- customer reviews; and
- editorial commentary;
Permitted Purpose means the purpose of comparing hotel accommodation rates and services in connection with the making of bookings and/or travel arrangements, but excludes any republication or resupply of the Information or any part of the Information to consumers by any electronic means;
Third Party Offering means the goods and services offered for sale by a third party;
Website means the website located at www.onmyvacation.com.
By accessing the Website, you:
- warrant that you have attained the age of 18 years.
3. Prohibited Activities
You must not:
- reproduce in a material form, publish, perform in public, communicate to the public, or make an adaptation of the Information or any part of the Information other than for the Permitted Purpose;
- access or monitor the Information or any part of the Information using any robot, spider, scraper or other automated means without our prior written consent;
- violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent any other measures employed to prevent or limit access to the Website;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.
You indemnify us from and against all costs, claims, demands, liabilities, expenses, damages and loss caused by your use of the Information or any part of the Information for any purpose other than the Permitted Purpose.
5. Verification of Information and assumption of risk
5.1 Verification of Information
You must verify the accuracy of the Information before accepting or using any Third Party Offering.
5.2 Assumption of risk
You assume all risk in connection with your:
- use of the Website and the Information; and
- acceptance and use of any Third Party Offering.
6. No warranty
We do not warrant:
- the accuracy, quality, completeness, or reliability of the Website, the Information and any Third Party Offering;
- that the Website and the Information will be error free, virus free, uninterrupted or free from unauthorized use or hackers.
To the extent that the terms implied under the Trade Practices Act 1974 (Cth) apply to services supplied by us, our liability for any breach of those terms is limited to supplying the services again or paying the cost of having the services supplied again.
7.3 Cap on liability
Subject to clause 7.1 above, our maximum aggregate liability to you is limited to the sum of $AU100.
7.4 Exclusions from liability
8.1 Entire understanding
8.2 Amendment and variation
8.3 Governing law and jurisdiction
9. Network User Agreement
The OnMyVacation.com Network (the “Network”) is an online travel affiliate service provided by On My Vacation, subject to your compliance with the terms and conditions set forth below.
By accessing or using the Network you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Network.
On My Vacation may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Network.
You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Network shall be deemed your conclusive acceptance of the modified agreement.
9.1 Copyright, Licenses and Idea Submissions
The entire contents of the Network are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are On My Vacation (logo) and its affiliates or other third party licensors for all other content and images. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on this Network without the express written permission of On My Vacation. You may print and download portions of material from the different areas of the Network solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
This website aggregate content from other sources for informational purposes, and is in no way trying to infringe on the copyrights or businesses of any of the entities. All content posted up on this site is used under the Fair Use Copyright Law 107. All photos, media, and articles are copyright to their original owners. Photographic images are owned by their respective copyright owner. Where possible the appropriate accreditation is given. Due to image alterations ownership of many images can not be verified. Where ownership is known a credit is as given.
OnMyVacation.com and its publications, products, content or services are the exclusive trademarks or servicemarks of On My Vacation or its affiliates. Other product and company names mentioned on the Network may be the trademarks of their respective owners.
9.3 Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by OnMyVacation.com, On My Vacation does not operate, control or endorse any information, products or services on the internet in any way. Except for OnMyVacation.com-identified information or identified affiliate companies’ products or services, all information, products and services offered through the Network or on the internet generally are offered by third parties that are not affiliated with OnMyVacation.com. You assume total responsibility and risk for your use of the Network and the internet. OnMyVacation.com provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever with regard to the service, any merchandise information or service provided through the Network or on the internet generally, and On My Vacation shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Network or on the internet. On My Vacation does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected. You understand further that the internet contains unedited materials, some of which may be offensive to you. You access such materials at your own risk. OnMyVacation.com has no control over and accepts no responsibility whatsoever for such materials.
9.4 Limitation of Liability
In no event will On My Vacation be liable for any incidental, consequential, or indirect damages for loss of profits or business interruption arising out of the use of or inability to use the Network or any claim attributed to errors, omissions, or other inaccuracies on the Network.
OnMyVacation.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Network. When you access a non-OnMyVacation.com web site, please understand that it is independent from OnMyVacation.com, and that OnMyVacation.com has no control over the content on that Web site.
You agree to indemnify, defend and hold harmless On My Vacation, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Network from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Network.
This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts in the United States of America, applicable to agreements made and to be performed in Massachusetts. You agree that any legal action or proceeding between On My Vacation and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Any cause of action or claim you may have with respect to the Network must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. On My Vacation’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. On My Vacation may assign its rights and duties under this Agreement to any party at any time without notice to you.