Exclusively Cruising a division of Yarra Valley Tourism Services Pty Ltd owns and operates this website. The following document sets out the terms and conditions under which you may use this site. In using this website, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions. Please read the Terms and Conditions carefully. If you do not accept these terms and conditions, you must refrain from using this website.
These terms and conditions must be read in conjunction with any other applicable terms and conditions governing any goods and services provided by us.
- We do not warrant or represent that the information in this site, the server that makes this site available or any of the products or services supplied through this web site are or will be free from errors, viruses, defects, omissions, or is suitable for your intended use, nor does it guarantee the accuracy or completeness of the information. Subject to any terms implied by law, which cannot be excluded, we accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in this website.
- To the maximum extent permitted by law, we disclaim all implied representations and warranties, including, without limitation, implied warranties that the products and services offered and supplied through this website will be of merchantable quality, fit for any purpose or will comply with any descriptions on this website.
- To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable in any way for any loss or damage of any kind, whether direct, indirect, special or consequential, howsoever caused (including through negligence), arising from or in connection with your use of this website or any linked website, or your inability to access this site or the purchase and use of any products and services supplied via this website.
- All travel products and services offered and promoted on this website are products and services of third parties. We are only acting as an agent for these third party service providers and as such, we will not be liable for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result these third parties.
- The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. In the event that this website fails to operate or causes you loss or damage, your sole remedy is the refund of any money that you paid to use the website.
You agree to use this website for lawful purposes only. You must ensure that your access to or use of the information is not illegal or prohibited by law. This website is directed to and available for Australian residents only.
You are responsible for ensuring that you have all necessary equipment (such as computer systems) to use this website and receive the information and that such equipment is functioning correctly and is properly operated and maintained. You are responsible to ensure that no unauthorised use of or access to this website or the information entered by you is made.
You must take your own precautions to ensure that the process which you employ for accessing or receiving the information or this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your property. For the removal of doubt, we are not liable in any way for any loss or damage of any kind, howsoever caused (including through negligence), arising from or in connection with any interference or damage to your property which arises in connection with your use of this website or any linked website.
You release and indemnify us and our related bodies corporates (as that term is defined in the Corporations Act 2001 (Cth)) and their respective officers, employees and agents from and against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against those persons indemnified arising from or in connection with (a) a breach by you of these terms and conditions; (b) your unlawful or negligent act or omission; or (c) your wilful misconduct.
All copyright in the information and in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorised, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or except as incidental to the reasonably contemplated use of this website, you may not, in any form or by any means: (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to the public or create derivative works from any part of the information or this website; or (b) commercialise the information obtained from any part of this website, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.
Except where otherwise specified, all trademarks (including any word or device to which is attached the TM or ® symbol) is a trade mark or registered trade mark of Exclusively Cruising (Yarra Valley Tourism Services Pty Ltd)
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web page. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
We may receive benefits from service providers to whom we provide linked web sites.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions, we will take reasonable steps to preserve the security of such information.
This website may utilise "cookies" (small files which are temporarily stored on your hard disk drive) to enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to prevent cookies from being, or notify you when cookies are, saved to hard disk by selecting the appropriate setting on your browser.
These terms and conditions are governed by the laws in force in the State of Victoria in the Commonwealth of Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
Exclusively Cruising (Yarra Valley Tourism Services Pty Ltd) accepts no liability for any failure on our part to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive, in whole or in part, any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions in which case the remainder of these terms and conditions shall nevertheless continue in full force.