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).