Travel Native Pty Ltd trading as One Cay ACN 626 439 558 Website Terms and Conditions (Terms)
- These are the terms on which Travel Native Pty Ltd and its related entities (referred to as One Cay, we or our) permits users to access and use the One Cay website www.onecay.com (Website) including using the services and functionality made available through the Website, viewing Content (term defined in clause 2 below) provided by One Cay, and communicating with One Cay.
- You agree to be bound by these Terms by using, browsing or accessing any part of the Website.
- One Cay may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
- The Website is subject to change at any time without notice and may contain errors.
- One Cay has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. One Cay reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way possible for consequences of such actions.
- The Content on the Website is for general information purposes only. Furthermore, One Cay does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of One Cay materials or information by another person or organisation is at your own risk.
- In addition to clause 2(b), One Cay does not represent or warrant that the information contained in this Website is suitable for specific needs or requirements of users. The information and material included in this Website is not intended to, and does not, constitute advice or any statement on which reliance should be placed. Users should independently assess whether the information in this Website is accurate, complete, relevant and appropriate to them.
- The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
- While care has been taken in preparing the Content on this Website, One Cay and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
- If you have a complaint regarding any Content, One Cay’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
- The Website may contain links to other web sites. One Cay provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.
- It is your responsibility to take precautions to ensure that links you select or software you download (whether from our Website or other websites) is free of viruses, Trojan horses, worms, defects and other items of a destructive nature.
- You are not permitted to frame the Website without One Cay’s express written permission.
Access and communication
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), One Cay does not warrant that you will have continuous access to the Website. One Cay will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
- One Cay does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and One Cay does not guarantee the security or confidentiality of these communications or the security of the Website.
- One Cay does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
- Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. One Cay does not warrant that:
- the goods or services available on this Website; or
- the Website and its Content,
- comply with the laws of any other country. It is your responsibility to determine whether the goods or services
- comply with the laws of your jurisdiction.
- If you access and use this Website or its Content from outside Australia or purchase any goods or services, you do so at your own risk.
- All intellectual property rights, including copyright and patents, in the Website, One Cay’s goods and services, and all components of them are owned or licensed by One Cay or any of its related entities. You must not copy, modify or transmit any part of the Website.
- The Website contains trademarks, logos, service names and trade names of One Cay or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Website.
Website licence and use
One Cay grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to One Cay will be treated as non-confidential and non-proprietary information.
Use of the Website and member account
- You have the option of registering to be a member of One Cay by creating a member account. Unregistered users may still read the Content on the Website for free.
- By having a member account, you agree that:
- all information supplied to us is true, complete and accurate;
- you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone else; and
- you are responsible for the use of your member account and the confidentiality of your member account information, including your password.
- You acknowledge that One Cay has sole discretion to disable your account or password, at any time, if in our reasonable opinion you have failed to comply with these Terms. You must notify us immediately if you know or suspect that anyone other than yourself knows your member account password and username.
- In using the Website you must not:
engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
- impersonate or falsely claim to represent a person or organisation;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
- post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
Termination of your access to the Website
One Cay may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
Disclaimer of warranties and limitation of liability
- To the full extent permitted by law, One Cay excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) One Cay excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, and all links to or from the Website.
- Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) One Cay excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
You will fully indemnify One Cay in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of these Terms by you;
- your use of the Website; or
- your communications with One Cay.
Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.