By allowing you to access the website, William Creek Hotel grants to you a licence. By accessing the website, you accept the terms and conditions of this licence. Pursuant to this licence and subject to the absolute right of William Creek Hotel to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from William Creek Hotel, and upon payment of any fee required by William Creek Hotel to be paid by you for that use.
You hereby undertake the following obligations:
William Creek Hotel does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superceded material in the website will not cause William Creek Hotel to be in breach of the terms of this licence.
William Creek Hotel reserves the right to change, add or remove any material in or from the website without notice.
William Creek Hotel does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.
To the extent permitted by law, all implied terms are excluded. If any statute implies terms into this licence, which cannot be lawfully excluded, such terms will apply to this licence, save that the liability of William Creek Hotel for breach of any such implied term will be limited, at the option of William Creek Hotel, to any one or more of the following
William Creek Hotel will not be liable for any indirect or consequential losses arising out of a breach of this licence, or arising out of the supply of a defective program or incorrect materials.
When deciding to visit the website, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by William Creek Hotel which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by William Creek Hotel (which material may be out of date or superceded).
You acknowledge that the material in the website is the subject of copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights).
You must not, during or at any time after the expiry or termination of this licence, permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the website, except as otherwise expressly authorised by this licence.
“William Creek Hotel”, and all associated logos, taglines, trademarks and other intellectual property comprise intellectual property of William Creek Hotel and its related bodies corporate.
You must indemnify and keep William Creek Hotel indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which William Creek Hotel may incur to a third party or you as a result of your breach of the provisions of this licence.
This website may contain hyperlinks to other websites operated by third parties. You accept that William Creek Hotel has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party's website.
Users are prohibited from placing a link to the website without the prior written consent of William Creek Hotel and on terms satisfactory to William Creek Hotel.
You accept that William Creek Hotel takes no responsibility for any error or omission relating to the material contained in the website.
You accept that William Creek Hotel makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that William Creek Hotel will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.
This licence commences upon your accessing the website and is granted in perpetuity. However, the licence may be terminated without notice by William Creek Hotel if you are in breach of any terms of this licence.
Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the website that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by William Creek Hotel.
Termination pursuant to this clause shall not affect any rights or remedies, which William Creek Hotel may otherwise have under this licence or at law.
These are the current terms and conditions of the licence.
William Creek Hotel may at any time vary and amend the terms and conditions of this licence by publishing the varied Terms and Conditions of Use on the website. You accept that by doing this, William Creek Hotel has provided you with sufficient notice of the variation and amendment.
It is your responsibility to familiarise yourself with the current terms and conditions each time you visit the website.
Failure or neglect by William Creek Hotel to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of William Creek Hotel under this licence.
This licence shall be governed by and construed according to the laws of the state of South Australia, Australia. Definitions “William Creek Hotel” means Up The Creek Pty Ltd (ABN 70 160 642 946), all of its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.
“Hyperlink” means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
“Intellectual Property” means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the William Creek Hotel websites.