ESCAPE TODAY CONDITIONS OF USE

Escape Today Pty Ltd ABN 42 271 885 337 (Escape Today) operates and administers the www.escapetoday.com.au (Website). By using or viewing the Website you agree to be bound by the following terms and conditions of use (Conditions of Use):

  1. Website Materials

    You acknowledge and agree that:

    1. information provided on the Website is general in nature;
    2. neither Escape Today nor any related parties of Escape Today warrant or guarantee the timeliness, accuracy or completeness of any of the information on the Website (Website Information);
    3. to the maximum extent permitted by law, Escape Today has no liability in relation to or arising out of the Website Information; and
    4. by submitting, uploading or using any of the Website Information that you:
      1. immediately grant a perpetual, royalty-free world-wide licence to anyone to copy and distribute the Website Information; and
      2. must not use any measures to obstruct or control the reading or further copying of the copies of the Website Information that you make or distribute.


  2. Conditions of Materials submission

    You acknowledge and agree that by submitting or uploading any materials (Materials), to the Website:

    1. that the Materials are your own work, or work that you are legally entitled to use;
    2. that to the extent that you have any rights or interests in any of the Materials you grant to Escape Today a perpetual, irrevocable and non-exclusive licence for the purpose of presenting, copying or using the Materials in any Escape Today:
      1. website;
      2. article, media release, paper or essay;
      3. catalogue;
      4. promotional material;
      5. film or digital reproduction; and
      6. presentations and seminars, including, but not limited to, online presentations,
    3. to the extent that you have moral rights in any of the Materials, you consent to Escape Today doing an act or omission including, without limitation, editing, changing or deleting material in the Materials, which would, but for this consent, be an infringement of your moral rights.
    4. that the Materials must not:
      1. be false or misleading;
      2. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
      3. violate any law;
      4. be defamatory, libellous, threatening or harassing;
      5. be obscene, or contain any material that, in Escape Today's sole and absolute discretion, is in any way inappropriate or unlawful;
      6. contain any malicious code, data or set of instructions that may:
        1. cause harm or compromise the intended function of the Website; or
        2. access, modify, delete any of the Website Information,
      7. create liability for Escape Today or cause Escape Today to lose any part of the services provided by Escape Today's internet service providers; or
      8. link to or include descriptions of products or services that are prohibited under these Conditions of Use,
    5. that Escape Today is not obliged to use or display any of the Materials submitted by you;
    6. you warrant that:
      1. there are no restrictions that prevent you from granting the rights in respect of the Materials under this clause 2;
      2. your contribution of the Materials will not infringe the rights, including (without limitation) the copyright or moral rights, of any other person or organisation;
      3. to the extent that you refer to or include Indigenous Culture and intellectual property in the Materials, you have the consent of the appropriate Indigenous custodians to do so; and
      4. you irrevocably release Escape Today from any liability to you now or in the future (including in negligence) in connection with the use any of the Materials for the purposes authorised under these Conditions of Use.
    7. you indemnify and hold Escape Today harmless from and against any and all claims, demands, proceedings, losses of any kind made by any third party due to or arising out of your:
      1. breach of these Conditions of Use; and
      2. violation of any law or the rights of a third party in respect of:
        1. the Materials; and
        2. your use of the Website.


  3. Escape Today's use of your Information
    1. You acknowledge and agree that Escape Today may collect and use your personal information subject to the Escape Today Privacy Statement at www.escapetoday.com.au and the Privacy Act 1988 (Cth).
    2. Cookie technology on the Website may be used by Escape Today to identify your movements around the Website. This information provides Escape Today with constructive feedback about the Website so that Escape Today can identify the most effective areas and improve the less popular ones. Cookies do not identify individual users. It is a feature of your Internet browser which you can disable at any time.

  4. No Relationship

    No party to these Conditions of Use has the power to obligate or bind any other party. Nothing in these Conditions of Use will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties. Nothing in these Conditions of Use will be deemed to authorise or empower any of the parties to act as agent for or with any other party.


  5. Notice
    1. Except as otherwise agreed, any notices by you to Escape Today must be given by:
      1. registered post (or if posted to or from a place outside Australia, by registered airmail) to Att: ##
      2. email to info@escapetoday.com.au.
    2. Escape Today may give you notice by electronic mail to the email address provided by you to Escape Today during the registration process.
    3. All notices are deemed served 48 hours after the date of posting or, if emailed, in the normal course of transmission.

  6. General
    1. Neither these Conditions of Use nor any of the benefits or obligations may be assigned, subcontracted or otherwise transferred or divested by either party without the other party’s prior written consent.
    2. These Conditions of Use describe the entire agreement between the parties about the use of the Website. Any previous understanding, agreement, representation or warranty relating to the Materials is replaced by these Conditions of Use and has no further effect.
    3. Escape Today may, at any time, and at Escape Today's absolute discretion, vary these Conditions of Use by making available a varied copy of the Terms and Conditions on the Website.
    4. These Conditions of Use are governed by the law in force in Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.