TERMS & CONDITIONS
This website is owned and operated by or on behalf of Mission Beach Information Station (“MBIS”)
under the domain name www.missionbeachinfo.com (“Website”). A Customers use of the services,
software, information, text, graphics, materials and other content (“Material”) on this Website
is governed by these Terms & Conditions. By continuing to use this Website the Customer agrees
to be bound by these Terms & Conditions. MBIS and www.missionbeachinfo.com reserve the right
to amend this policy at any time. Changes will be posted prior to being implemented in practice.
Issues regarding this policy can be raised in writing via: Mission Beach Information Station,
Shop 4, Wongaling Shopping Centre, Mission Beach, 4852.
1.0 GENERAL CONDITIONS
By booking accommodation, transport and/or tours online through missionbeachinfo.com or via the Mission Beach Information Station, ABN 30219935528 ("MBIS") you ("the Customer") agree to the following terms and conditions:
- All referrals for Bookings made with MBIS are in turn subject to the Acccommodation, Transport or Tour Operator's own Terms and Conditions (The Operators are as named on website and in booking or referral documentation).
- Cancellation penalties depend on the specific Terms and Conditions and Cancellation Policy of each Accommodation, Transport or Tour Operator booked.
- Changes to any Bookings are subject to the specific Terms and Conditions and Cancellation Policy of each Accommodation, Transport or Tour Operator booked.
- MBIS will make its best efforts to ensure the information contained in its website and consequent booking forms is accurate. However, MBIS will not guarantee that the site or booking systems are free from any faults or errors. Customers may choose to make their own enquiries and clarifications with the Operator.
- No warranty or representation about the suitabity, fitness, etc is made for any Operator, Product or Service included on this Website or provided through MBIS.
- MBIS does not accept liability for any indirect or consequential loss arising out of connection to or use of its website and associated services.
- MBIS reserves the right to make changes to information published on the site at any time.
- MBIS is a referral forum for tours, transport and short term holiday accommodation (amounting to less than 60 days). Bookings are confirmed by the Operator.
- MBIS refers for bookings accommodation, transport and tours based on the availability given to us by the Accommodation, Transport or Tour Operators. MBIS does not accept any liability for errors made by these Operators.
- The Customer will be required to provide MBIS with a credit card to confirm any Accommodation, Transport or Tour Bookings, this information is then provided to the Operator to secure the booking.
- All reasonable efforts are made by MBIS to protect data transmission. MBIS will strive to protect Customers personal information from misuse, loss and unauthorised access, we cannot however guarantee the security of any information you transmit to us or receive from our online products or services. These activities are conducted at the Customer's own risk. Once MBIS receives a Customers transmission, MBIS will use our best efforts to ensure its security.
- Operators prices may be subject to change without notice. All prices are intended to be GST inclusive.
- MBIS receives either advertising fees or booking fees for some or all of the Operators listed.
- Customers must be at least 18 years of age to make a booking with MBIS. MBIS believes it is ultimately the responsibility of parents to monitor children's use of the internet.
- These terms do not affect consumers' statutory rights.
Mission Beach Information Station Terms and Conditions do not exclude any rights and remedies
available to you under the Commonwealth Trade Practices Act or any similar State or Territory
legislation that cannot be excluded, restricted or modified. As Google Maps are incorporated into
the site, Customers are required to adhere to their conditions of use, further details can
be found at http://www.google.com/intl/en_us/help/terms_maps.html
The Mission Beach Information Station (MBIS) respects Customer and Operator privacy and is
committed to protecting personal information. Private information is defined as name, address,
order to demonstrate its firm commitment to privacy and to comply with the Privacy Act and the
National Privacy Principles.
This Website does not collect the names, contact details and/or any personal information
from any specific visitor or customer (now known as 'Customer') to this website without the
consent of the said Customer. In completing the Booking or Enquiry Form the Customer
consents to providing the information for the purposes of finalising their booking or enquiry.
- When a Customer makes a booking or enquiry MBIS collects: Name, email address, phone number, requirements/area of interest. Family makeup may also be required in some instances (eg. Number of children and their ages).
- Telephone and email contact details may be used to contact the Customer.
- When a Customer makes a booking MBIS will collect credit card details, including security number, name on card, number and expiry date.
- Customer information is not stored long term and is only used to fulfil the Customers request/s.
- Once a booking is confirmed details of that booking are recorded (without corresponding Credit Card details) and shared with the Operator accepting the referral (either via phone, fax or internet). This information is used for no other purpose.
- In agreeing to provide their Credit Card details, the Customer understands that these will be used to finalise their booking with the Operator.
- From time to time MBIS will ask Customers if they are interested in completing an evaluation form. This will involve one online survey with no further contact unless requested by the Customer.
- Customer information will only be shared with the Operators during the process of finalising a booking. Customer name, telephone number and email address will be provided to the relevant Operator. We believe each Operator will only use this information to finalise the booking. MBIS cannot be held responsible for the methods by which the individual Operator uses or stores this information.
- Customers are encouraged to manage their online privacy by use of firewalls, anti virus software and other suitable activities.
2.2 Operators, Service Directory Participants & Other Contribuing Parties
- Specific information about Operators and Products is collected and stored by MBIS with the Operators consent.
- This information is used for internal management and communication.
3.0 CREDIT CARD SECURITY
The choice to place Credit Card details on the site remains the Customers choice. If a
Customer would prefer bookings can be confirmed by telephone rather than via the internet.
An SSL Certificate has been put in place to enable encryption methods to encrypt all
Customer personal information, including credit card information. The process of encryption
takes the information the Customer enters and converts it into bits of code that are securely
transmitted over the Internet. This scrambled data cannot be read as the information travels
over the Internet. Once the Customers encrypted personal information is received by MBIS's
secure server, it is translated back into its original form for us. Credit card information
is not retransmitted over the Internet.
4.0 OPERATORS, OWNERS, SERVICE DIRECTORY PARTICIPANTS & OTHER CONTRIBUTING PARTIES (KNOWN AS "OPERATORS")
Product information is used on this Website, in the MBIS shopfront and during communications with Customers.
Individual Operators are responsible for ensuring they provide accurate information to the Mission Beach
Information Station and update it as appropriate.
By participating in the site, Operators agree to
pay subscriptions, referral and/or booking fees as agreed. If an Operator does not pay a
subscription, referral and/or booking fee as agreed, MBIS reserves the right to remove their information.
MBIS will take reasonable care to transcribe information accurately. MBIS may from time to time
have to edit or condense material. Operators agree not to make a claim against MBIS for any
changes made, including in respect of any error by us in transcribing or condensing such Material.
Operators may contact MBIS at any time to request the removal of their listing or to request
amendments or additions. By placing information with MBIS, Operators authorise MBIS to use of
this information for the site and general promotion and indemnify us against any claim for
breach of copyright or other intellectual property.
Customers will be referred to the appropriate Operator. Whilst all efforts are made to ensure
the integrity of a customer, Operators must apply their own conditions in relation to the customer.
5.0 LINKS TO OTHER WEBSITE AND ADVERTISING
This Website contains hyperlinks (“Links”) to third party websites. Such links are for Customer
reference only and MBIS neither controls such linked websites nor is it liable or responsible
for their content. Links are followed at the Customers own risk. A link to another site does
not guarentee the Operator or Product.
All Material provided on www.missionbeachinfo.com and produced by MBIS is owned by or licenced to
MBIS. You acknowledge MBIS’s copyright in the material and agree to take all steps necessary
to protect that copyright. Information may be downloaded, printed and reproduced for personal use
by Customers. The material may not otherwise be used, copied, reproduced, published or stored
for use as a whole, in part or an altered format except where permitted under the Copyright Act.
MBIS name and logo are not to be displayed by other parties without our written consent.
Customers and Operators acknowledge that:
- MBIS makes no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information contained on or assessed through this Website (“the Information”)
- MBIS takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in this Website of the Information therein;
- MBIS may, without notice to you, and at any time modify or discontinue any services offered on this Website;
- MBIS does not warrant or represent that:
- any message posted, uploaded or otherwise transmitted to or from this Website has not been altered in transmission;
- any message posted, uploaded or otherwise transmitted to or from this Website will be received by the intended recipient; or
- any information (including any file) downloaded or otherwise transmitted to you from this Website is free from viruses, faults or errors;
- Whilst MBIS will use its best efforts to ensure that this Website is accessible to users, it does not warrant that users or potential users will have continuous access to this Website.
8.0 LIMITATION OF LIABILITY
To the full extent permitted by law, MBIS and its employees, agents, contractors and related bodies corporate, will
be under no liability to any person in respect of any loss or damage (including consequential and special loss or
damage) which may be suffered or incurred or which may arise directly or indirectly from or in connectuion with:
- any use of this Website or of the Information for whatever reason;
- any goods or services purchased or obtained from this Website; and
- any transaction entered into through this Website;
whether or not such loss or damage was as a result of error or misrepresentation, negligent act
or omission, or any other cause whatsoever.
If any law prohibits the exclusion of such liability, MBIS limits its liability to the extent
permitted by law and at its option:
- if the breach relates to goods supplied by MBIS, MBIS will replace or repair of such goods or supply of equivalent goods.
- if the breach relates to services supplied by MBIS, MBIS will resupply the services or supply equivalent services;
- if the breach relates to the supply of information, MBIS will resupply of such information.
9.0 GOVERNING LAW
These Terms and Conditions are governed by and contrued in accordance with the laws of the State of
Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts
in that jurisdiction.