Terms of Use
These Terms of Use (“agreement”) is a legal agreement between you and Dugong Resort (“we”, “us” or “our”) providing, among other things, the terms and conditions for your use of this website.
By accessing this website, you agree to the terms of use.
Agreement changes
We may change the terms of this agreement at our discretion and without notice. You will be deemed to have accepted the terms of this agreement (as amended) if you access or continue to access the website after any amendments are made to terms of this agreement.
General information
Information on this website is of a general nature only and does not take into account your individual objectives, financial situation or needs. Any examples or forecasts on this website are provided for illustrative purposes only. We recommend that you obtain financial, legal and taxation advice before making any decision.
Disclaimer
The information and material contained in this website, including any financial projections, illustrations or calculations, is representational only and are believed to be correct but are not promised or guaranteed.
This website is not an offer or a contract, and there shall be no binding agreement unless and until a written agreement / contract of sale has been signed by us. We expressly disclaim any and all liability relating to, or resulting from, the use or reliance on, any information contained in this website by any person.
Accuracy of information
Except as otherwise stated, we make no representation or warranty as to the accuracy, reliability or completeness of the information relating to any property or information included on this website. Some information has been obtained from third parties and has not been independently verified. Accordingly, no warranty, representation or undertaking, whether express or implied, is made and no responsibility is accepted by us as to the accuracy of any part of this, or any further information supplied by or on behalf our behalf, whether orally or in writing.
No person should take action on reliance of the material contained on this website, but instead should satisfy themselves independently of the appropriateness of such action. We accept no responsibility for any errors or omissions which may subsequently be found evident on this website.
Pricing
Any price on this website is not a valuation and should not be relied on or treated as such. Where pricing is used to provide a forecast or for illustrative purposes, then prices have been estimated based on recent market evidence in the locality for comparable properties, to the extent available. Prices may not include GST.
Jurisdiction
This website has been created for the use of Australian residents only.
Applicable law
These terms of use are governed by the law of New South Wales. By accessing this website, you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts. The venue for the adjudication or disposition of any such claim, action or dispute will be in New South Wales.
Currency
Any references to currency or amounts on this website are in Australian dollars, unless otherwise specified.
Copyright
Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on this website. To the extent allowed by law, no part of this website may be copied, modified, reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
All names, logos and trademarks on this website are the property of their respective owners. Nothing on this website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
You must use this website and its content only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of this website and its content. You agree that you will not remove or modify any copyright, other proprietary notices or trademarks which appear on this website.
Virus warning
We do not guarantee that the material on this website is free from viruses or any other defects, although due care has been taken to minimise the risk.
Past performance
Past performance of any product or investment described on this website is not a reliable indication of future performance.
Forward looking statements
Statements contained on this website and in information published by us from time to time may include statements of future expectations and other forward-looking statements that are based on our current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Accordingly, actual results, performance or events may differ materially from those in such statements. We assume no obligation to update any forward-looking statement contained on this website or in other information published by us from time to time.
Limitation of liability
To the extent permitted by law, we are not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages (including without limitation any lost profits, business interruption, lost savings or loss of programs or other data) or any other fee, cost, expense, outlay, fine or levy or liability of any kind related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services from this website. These exclusions apply even if we are expressly advised of the possibility of such damages and extends to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these terms of use and our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$100.00.
Indemnity
You agree to indemnify, defend and hold us harmless from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these terms of use, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of our officers, directors, employees, agents, contractors, licensors and suppliers.
Disclaimer of warranty
You use this website at your sole risk. To the extent permitted by law, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (“Warranties”) whatsoever. To the extent legally permitted, we expressly disclaim all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights.
Without limitation, we do not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by us not expressly contained in these terms of use. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent permitted by law, we limit our liability for breach of any such Warranty to the resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our sole discretion.
Website links
All external links located within this website are for reference only. We do not recommend or endorse the company, product or service associated with the external link. We are not responsible for the content of any site linked to this website.
Log files
We may use IP addresses to analyse trends, administer the website, track user’s movement, and gather broad demographic information. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our website servers automatically log standard access information including browser type, access times, open mail, URL requested and referral URL.
Use of Cookies
We may use a browser feature called a “cookie” to collect information anonymously and track user patterns on our website. A cookie is a small text file that is placed on your hard disk by a website. Cookies contain a unique identification number that identifies your browser, but not you, to our computers each time you visit our website. Cookies tell us which pages of our websites are visited and by how many people.
The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to access or use all of the features available on our website.
SPAM
We may publish electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).