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Terms and Conditions
Website Terms and Conditions
Website Terms of Use Agreement
Your use of this website is subject to these legally binding terms and conditions.
Please read them carefully before proceeding with entering the website. If you do not accept these terms and conditions, you should exit this website immediately.
Website Terms and Conditions
Kangaroo Island Marine Adventures' (KIMA) website is for the purpose of informing users of the services available from KIMA. The website is owned and operated by KIMA. This Agreement supersedes all prior agreements and may be revised by KIMA from time to time. This Agreement should be read in conjunction with the Privacy Policy.
Your Use of this Website
You agree that you will use this Website in accordance with these terms and conditions and that you will not use the Website for any unlawful purpose. You will not violate or attempt to violate the security of the Website. You will not hack into the Website, KIMA's computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
Services Provided on the Website
KIMA reserves the right to add, modify or discontinue any of the services offered on the Website at any time without notice. KIMA will not be held liable for any decision to modify or discontinue a service.
Future Changes
From time to time, this Agreement will be reviewed and may be revised. KIMA reserves the right to change this Agreement at any time. Any such changes will be posted on the Website. Your continued use of the Website will constitute your acceptance of the variation of the Agreement.
Website Availability
From time to time downtime, either scheduled or unscheduled, may occur. KIMA will work within reason to ensure this amount of downtime is limited. KIMA will not be held liable for the consequences of any downtime.
Intellectual Property
Reproduction of part or all of the contents of the Website in any form is prohibited other than for individual use and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by KIMA or by other parties that have licensed their material to KIMA.
KIMA trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by KIMA.
All rights not expressly granted are reserved.
This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under KIMA's direct control and KIMA accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website).
Limitation of Liability
To the maximum extent permitted by law, Kangaroo Island Marine Adventures does not give any warranty in relation to the content,
• Accuracy, or any other aspect of:
• Any material on the Website; or
• The performance of the Website.
To the maximum extent permitted by law, KIMA excludes all liability for loss or damage suffered by you, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue) that you may suffer as a result of:
• The use or reliance on any information on the Website;
• Accessing or using the Website; or
• Any interruption, suspension or termination of the Website for whatever reason.
KIMA's exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if KIMA has been notified of the possibility of such loss or damage.
You agree that KIMA's liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
Force Majeure
Kangaroo Island Marine Adventures will not be liable by reason of the failure in the performance of its obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action or any other cause that is beyond KIMA′s reasonable control.
Termination
KIMA reserves the right to cease providing services at any time.
KIMA shall not be liable to you for any cost, expense, or damages whatsoever for terminating this Agreement.
Governing Law
These terms and conditions will be governed by and construed in accordance with the laws of the state of South Australia, Australia.
Definitions
“Agreement” means the terms and conditions that apply to the use of the Website, which may be amended from time to time.
“Website” means the Internet website with the URL www.KiMarineAdventures.com.au
“You” means the user of the Website (and “Your” has the corresponding meaning).
Copyright
Copyright © Kangaroo Island Marine Adventures - All rights reserved.
This content (i.e. the page from which you linked to this notice) is copyright.
Except as permitted by the Copyright Act 1968, no part of it may in any form or by any electronic, mechanical, photocopying, recording, or any other means be reproduced, stored in a retrieval system or be broadcast or transmitted without the prior permission of the publisher, Kangaroo Island Marine Adventures, South Australia.
Privacy Policy
We Respect Your Privacy
Kangaroo Island Marine Adventures recognises the importance of your privacy and that you have a right to control how your personal and business information is collected and used. We know that providing such information is an act of trust and we take that seriously. Unless you directly give us consent to do otherwise, Kangaroo Island Marine Adventures will only collect and use your information as set out below.
Kangaroo Island Marine Adventures' privacy policy is intended to represent industry best practice and comply fully with the Privacy Act 1988.
Collecting information About You
Kangaroo Island Marine Adventures will not collect or monitor any personal or business information about you without your consent. The only personal or business information we collect is what you tell us about yourself and that gathered about how you use our website, for example which pages of our website that you visit and your IP address. If you contact us, we may keep a record of that contact. The advantage of giving this information is that it allows us to tailor your experience of our website to your business requirements. Any further collection of your information other than that explained here will only occur with your consent.
Using and disclosing your information
Your personal and business information is confidential. Our purpose in collecting such information is to provide you with a better website experience with content that is more relevant to your needs. Kangaroo Island Marine Adventures will not use or disclose any information about you or your business without your consent, unless:
• Required by law;
• To implement our terms of service;
• To protect the rights, property or personal safety of our staff, another Kangaroo Island Marine Adventures client or any member of the public; or
• The assets and operations of the company are transferred to another party as a going concern.
Disclosing your personal information
Kangaroo Island Marine Adventures and its affiliates recognise the trust you place in us when you give us personal and business information. In order to operate the website or deliver a service we may sometimes share this information with a service partner. We will not otherwise disclose your information to other companies without your explicit consent.
We will not 'spam' you
We may contact you at the email or other address that you provide to us in order to:
• Provide you with updated information about our company or its website; or to
• Provide you with other information about our products and services that you may find useful.
We will not send you promotional information (spam) without first asking you whether you wish to have promotional information sent to you. If you are receiving promotional information about Kangaroo Island Marine Adventures and no longer wish to do so contact us using the form provided placing the word "Unsubscribe" in the message panel.
Change or delete information we have about you
If at any time you wish to change personal or business information that is inaccurate or out of date, please contact us and we will amend our records. If you wish to have any such information deleted, please let us know and we will take all reasonable steps to delete it unless we need to retain it for legal reasons.
Storage & security of your personal information
Kangaroo Island Marine Adventures will endeavour to take all reasonable steps to keep secure any information that we hold about you or your business, and to keep this information accurate and up to date.
Your information is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal or business information held by Kangaroo Island Marine Adventures. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times. Kangaroo Island Marine Adventures will not be held responsible for events arising from unauthorised access to your personal or business information.
Please note also that Kangaroo Island Marine Adventures may use overseas facilities to process or back up its information. As a result, we may transfer your personal information to our overseas facilities for storage. However, this does not change any of our commitments to safeguarding your privacy.
Kangaroo Island Marine Adventures & links to other websites
Kangaroo Island Marine Adventures provides links to websites outside of the Kangaroo Island Marine Adventures service. These linked sites are not under the control of Kangaroo Island Marine Adventures and we are not responsible for the conduct of companies or organisations linked to our website. Before disclosing your personal information on any other website, we advise you to examine the Terms and Conditions of those websites.
What to do if you have a problem or question
If Kangaroo Island Marine Adventures becomes aware of any ongoing concerns or problems with sites linked to our website, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us.
Our use of cookies
Cookies are pieces of information that a website transfers to your computer's hard drive for record keeping purposes. Most web browsers are set to accept cookies. Kangaroo Island Marine Adventures uses cookies to make your use of our website and services as convenient as possible. Cookies in and of themselves do not personally identify users, although they do identify a user's browser. Cookies are useful to estimate the number of visitors to our website and to determine overall traffic patterns through it. If you do not wish to receive any cookies you may set your browser to refuse cookies.
Promotions
On occasion Kangaroo Island Marine Adventures may have promotions that in the event you wish to participate, will require you to supply identifying information, such as your name and email address. Kangaroo Island Marine Adventures needs such information to notify winners. In some cases third parties may be involved in the contests or promotions and these organisations may have access to that same information. If any such disclosure is made it will be made in accordance with our Privacy Policy and any use by these third parties will be identified within the terms of the specific contest or promotion.