Kata Tjuta rock formation

Ayers Rock Resort Planner
Terms of Use

Mobile Application Terms of Use

These terms of use (“Terms”) apply to the mobile application known as ‘Ayers Rock Resort Planner’ which Voyages Indigenous Tourism Australia Pty Ltd ACN 146 482 591 (“Voyages”, “we”, “us” or “our”) makes available for download from any third party application store (“Application”).  

ACCEPTANCE OF TERMS

By downloading, installing, accessing and/or using the Application, you accept and agree to be bound by these Terms.  These Terms form a legally binding contract between you and Voyages.  You confirm that you have legal capacity to form a binding contract with Voyages.  If you do not agree to these Terms of Use you are not permitted to use the Application and you must immediately cease downloading, installing, accessing or using the Application.
We may vary these Terms from time to time without notice to you and such variations will take effect on and from the date they are posted on the Application or on any website operated by us.  Your access and use of the Application will be subject to the most current version of the Terms.  You should periodically visit this page to review the most current version of the Terms.  Your use of the Application after we have published or posted revised Terms will be taken to be your acceptance of the revised Terms and your agreement to be bound by them.

OTHER TERMS AND CONDITIONS

These Terms apply to your access and use of the Application only and do not vary any other agreement between you and Voyages, or any other terms and conditions of Voyages or third party providers.  Additional terms and conditions may apply to certain parts or features of the Application such as, when you are navigated to the Ayers Rock Resort website located at www.ayersrockresort.com.au, or when you purchase of a product or service offered on or through the Application.  You agree to comply with such other agreement or terms and conditions, in addition to these Terms.  If there is a conflict between these Terms and the terms and conditions posted for or applicable to the Ayers Rock Resort website or for any product or service offered on or through the Application or the Ayers Rock Resort website (“Additional Terms”), the Additional Terms will prevail with respect to your use of the Ayers Rock Resort website or the purchase of a product or service offered on or through the Application or the Ayers Rock Resort website.

YOUR DEVICE

In order to access and use the Application, you must have a compatible mobile device which meets all required technical specifications, as specified on the relevant third party application store, to enable you to download the Application to the device (“Device”).  You accept responsibility for any use of the Application on the Device (including associated costs and charges), whether or not the Device is owned by you.  

YOUR ACCOUNT

You may be required to set up an account and register a password for that account to access and use the Application.  You are solely responsible for keeping your account information and password confidential and secure, and for all activities conducted or transactions made under your account.  You are liable for any loss or damages arising from your failure to keep your account information and password confidential and secure.  You agree to immediately notify us of any breach of security or any unauthorised use of your account or password.  However, such notification does not affect your liability for any loss or damages arising from your failure to comply with these obligations.  Voyages will not be liable for any loss or damages arising from your failure to comply with these obligations.

PRIVACY 

Some features of the Application require you to provide certain information including without limitation your name, contact details (such as your address, email address and phone number), credit card details, booking details or any other personal information.  Additionally, we also collect information about the pages that you view and your transactions in the Application.  By using the Application, you consent to the collection, use, storage, disclosure and management of your personal information as required for the functionality of the Application and as described in our Privacy Policy (available at www.ayersrockresort.com.au/terms-and-conditions/privacy-policy).  

LICENCE TO USE

Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited and revocable licence to use the Application on a Device owned or controlled by you, for your personal and non-commercial use only.  You agree to access and use the Application only as permitted by these Terms.  We reserve the right, in our sole discretion, to revoke this licence, at any time.  

RESTRICTIONS ON USE

You must not use the Application: (A) in any unlawful, fraudulent, malicious or deceptive manner; (B) in any way that is defamatory, threatening, offensive or is otherwise objectionable or infringes on our rights or any third party rights; (C) in any way that impairs, restricts, affects or prevents another person’s use of the Application; (D) in a way that damages, disables, overburdens, impairs or compromises our systems, servers or network, or the security of those systems, servers or networks; (E) to gain or attempt to gain unauthorised access to our systems, servers or networks or to other users’ information; (F) to or attempt to introduce viruses or any other computer code, files or programs to any computer software or hardware or telecommunications equipment; (G) to collect or harvest any information, data or other content from the Application or our systems or attempt to decipher any transmissions to or from the servers running the Application, including without limitation, by using any ‘robot’, ‘spider,’ retrieval application or other manual or automatic device to retrieve, index, ‘scrape’ or ‘data mine’; or (H) in any way that breaches any of these Terms, applicable law or third party terms.

PROHIBITED ACTIONS

Except as expressly permitted under these Terms, you must not:  (A) alter or modify the Application (or any part of it), or permit the Application (or any part of it) to be combined with, or become incorporated in, any other programs; (B) copy or reproduce the whole or any part of the Application including without limitation, disassembling, decompiling, reverse-engineering or creating derivative works based on the Application (or any part of it); (C) sell or exploit the Application in whole or in part (including object and source code), in any form to any person; (D) copy, reproduce, republish, reuse, upload, post, transmit or distribute any text, images, audio, video or other content in the Application for any purpose not permitted by the Application or these Terms; or (E) remove any copyright, trademark or other proprietary rights notices from the Application.

INTELLECTUAL PROPERTY

All intellectual property rights in the Application and its content including without limitation, text, images, photographs, videos, sounds, trademarks, trade names, logos, software and code (“Content”), are owned by us or our licensors.  Except as expressly stated in these Terms, nothing in these Terms gives you any intellectual property rights in the Application and its Content and you acknowledge that you do not acquire any proprietary rights by downloading or installing the Application or any of its Content on your Device.  All trademarks, trade names and logos displayed in the Application are proprietary to us or used by us with the permission of our licensors.  Nothing in these Terms should be construed as granting any licence or right to use any trademarks, trade names or logos without our prior written consent. 

THIRD PARTY CONTENT

The Application may contain links to independent third party websites or other applications ("Third Party Sites").  Third Party Sites are not operated or controlled by us and we are not responsible for and do not endorse or monitor their content or privacy policies.  Your access and use of the Third Party Sites are subject to the Third Party Sites’ terms and conditions and privacy policies.  We do not accept any liability for loss or damages (including without limitation, indirect, special or consequential loss or damages) arising from your access and use of Third Party Sites, or your reliance upon third party content information or content, whether they are provided on Third Party Sites or accessed through the Application.  You agree that you access and use Third Party Sites and rely on their content at your own risk.

NO REPRESENTATIONS OR WARRANTIES

The Application is provided 'as is'.  To the fullest extent permitted by law, Voyages and its officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied, including without limitation any representations and warranties that: (A) the Application is of satisfactory quality, merchantable, reliable, accurate, compliant with all laws, error-free, defect-free, virus-free or fitness for a particular purpose; (B) the Application will operate without interruptions; or (C) defects, errors or omissions will be corrected.
We do not make any representations or warranties as to the quality, completeness, accuracy or currency of any information or Content provided in or accessed using the Application.  All information and Content provided in or accessed using the Application is also subject to change at any time without notice.  You should make your own enquiries before relying upon the information or Content or entering into any transaction based on the information or Content.  

LIMITATION OF LIABILITY

You agree that you use the Application and rely on its Content at your own risk.  To the fullest extent permitted by law, Voyages and its officers, employees, agents, representatives, licensors, third party providers and affiliates exclude all liability for any loss, injury or damages (including without limitation, indirect, special or consequential loss or damages) arising from the use of the Application, inability to use the Application or reliance upon the Content in or accessed using the Application.  We will not be liable or responsible for any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.

INDEMNITY

You agree to indemnify and hold harmless Voyages and its officers, employees, agents, representatives, licensors, third party providers and affiliates against any claims, actions, demands, losses, liabilities, damages, costs and expenses (including legal fees), suffered or incurred by Voyages or any of its officers, employees, agents, representatives, licensors, third party providers or affiliates, arising from or in connection with your use of the Application or your breach of these Terms.  We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Application and you agree to assist and co-operate with us in relation to any such claim.

SUSPENSION OR TERMINATION

We reserve the right to, temporarily or permanently, modify, interrupt, suspend or discontinue the operation of or access to the Application (in whole or in part) at any time, without notice or liability, for any reason.  We may at any time and without notice or liability, block, suspend or terminate your access to the Application for any reason, even if access continues to be allowed to others.  Upon termination, you must cease using the Application and remove it from all Devices.

APPLICABLE LAW 

These Terms are governed by and must be construed in accordance with the laws of New South Wales, Australia.  You irrevocably consent to the exclusive jurisdiction of the courts of New South Wales, Australia for purposes of any disputes relating to the Application.

GENERAL

These Terms constitute the entire agreement between you and Voyages in relation to your use of the Application.  Any provision of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable and the validity or enforceability of the remainder of these Terms is not affected.  A failure, partial failure or delay by us in exercising a right or remedy relating to these Terms, is not a waiver of that right or remedy.  You may not transfer or otherwise deal with your rights or obligations under these Terms.  All prices displayed in the Application are in Australian dollars.  We or third party providers may at any time and without notice make changes to any products or services offered in or through the Application, or to the prices for those products or services.  

Last updated: 19 October 2020