In this policy, “us”, “we”, or “our” means Bargara Gardens Motel and Holiday Villas, operator of this website.

These terms of use govern your use of and access to this website.

We may change part or all of the Terms at any time. The most current Terms will always be posted on the website. Your subsequent or continued use of this website constitutes your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to this website.

These terms were last updated on 13th July, 2015.

1. Jursidiction

In the event of any dispute or legal matter arising from the use of this website, you consent to the exclusive jurisdiction of the courts of the state of Queensland to hear and determine any such matter.

2. Privacy

Please review our separate Privacy Policy

3. Access

Every effort is made to ensure the website is available and fully operational at all times. However we do guarantee that access will not be interrupted due to maintenance, server outages, heavy load or other problem beyond our control.

We reserve the right to discontinue or change any service on this site at any time.

We reserve the right to terminate your access to this website and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.

4. Conduct

You must not use, or attempt to use this website:

  • in breach of any applicable laws of the State of Queensland, Commonwealth of Australia, or local laws in your jurisdiction
  • to impersonate any person or entity
  • to solicit money, passwords, personal information or other property from any person or entity
  • to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
  • to publish or facilitate publication of personal information of a third party without their consent
  • to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
  • to publish or facilitate publication of pornographic or offensive material
  • to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
  • to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so

Breaching of these rules of conduct may result in termination of your access to this website and prevention of further access without warning or notice and further legal action where applicable.

5. Copyright

Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the website.

This website may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the website for your own personal, non-commercial use. Material published on or sourced from this website must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:

  • Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
  • Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).

6. Blog Comments

  1.  Any submission that is defamatory, slanderous, abusive, scandalous, malicious, vexatious, contestable, misleading, or causes embarrassment will not be published.
  2. The owners of the site reserve the right to reject any material without explanation if it may violate our ethical, moral or legal obligations.
  3. Submissions cannot be made on behalf of another person and you must not falsely identify yourself as being another person (whether they be a real person or a fake identity).
  4. We do not store or pass on your details to any third party. Please review our Privacy Policy if you have any concerns about providing your name and email address.

7. Business Dealings

In order to protect and preserve our professional reputation, we deal only with businesses with legitimately registered businesses.

8. Third Parties

Certain areas of this website may contain links to external websites. These external websites do not form part of this website and are not within our control. We do not accept any responsibility for the contents of any third party website.

Certain areas of this website may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.

Certain areas of this website may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party nor any injury, loss or damage sustained as a result of your contact with that third party.

9. Financial Transactions

There is no facility on this site to conduct a financial transaction directly with the owners of the site. All transactions are facilitated outside the website by separate invoicing or by third parties including but not limited to Paypal. See “Third Party” terms above for more information.

10. Accuracy of Information

All products and services listed on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:

  • Human error in entry of information
  • Incorrect information provided to us by suppliers or distributors
  • Failure of suppliers or distributors to supply updated information to us
  • No availability of up to date information

We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.

11. Limitation of Liability

Your use of this website is undertaken at your own risk.

To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, this website and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on this website.

By continued use of this website, you agree that we will not be held liable for any damages of any kind arising from the use of this website or from any information, content, materials, products or services therein, unless otherwise specified in writing.