PLEASE READ CAREFULLY THESE BINDING LEGAL TERMS OF USE (“TERMS OF USE” OR “AGREEMENT”) BEFORE USING THIS SITE OR MAKING A RESERVATION. THIS AGREEMENT GOVERNS ANY AND ALL USE OF THE SITE AND CONTENT. IN THE EVENT OF A DISCREPANCY BETWEEN THE ENGLISH VERSION AND ANY TRANSLATION OF THE FOLLOWING TERMS OF USE, THE ENGLISH VERSION SHALL PREVAIL.

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE WITHOUT MODIFICATION.

If you are not an authorised user, and if you do not agree to the terms of this Agreement, you may not use this Site, including without limitation to make a reservation, or download any Content from it. If you do not agree with these Terms of Use, please leave the Site immediately.

Melaleuca Seaside Retreat Pty Ltd (or “we”) own and operate this website located at https://seasideretreat.com.au (the “Site”).

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time and suggest that you check these Terms of Use periodically for changes to ensure that you are familiar with the most recent version. Your continued use of the Site will be deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms of Use and all applicable laws.

OWNERSHIP (ALL TRADEMARKS DISPLAYED ON THIS SITE ARE OWNED BY MELALEUCA SEASIDE RETREAT)
This Site and the content provided on this Site, including the text, music and sound, graphics, images, software, photographs, audio and video, footage, trademarks, service marks, taglines, animations, podcasts, and downloads (collectively, the “Content”) are the exclusive property of Melaleuca Seaside Retreat Pty Ltd or its licensors, and are protected by law, including copyright, trademark, and database law, national and international laws and regulations. The Site may also include the products and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners and may not be used without the prior written permission of their respective owners. The Site and its Content are ©2021, Melaleuca Seaside Retreat.

LICENSE; PERMITTED USE
We grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable license to use this Site subject to your continued compliance with this Agreement. You may browse the Site and to reproduce extracts and Content from it, for your information and for non-commercial and personal purposes only. The Content of this Site may not be modified or incorporated in any other work, publication or site without the prior written agreement of Melaleuca Seaside Retreat.

PROHIBITED CONDUCT; TERMINATION
The information and material contained in this Site are for general references only.
You may not:
(1) use Content in any manner that suggests (as determined in our sole discretion) the endorsement or association of any entity, person, product or service by Melaleuca Seaside Retreat unless express written consent has been given by Melaleuca Seaside Retreat in advance;
(2) remove any copyright notices or other notices of intellectual property rights from the Site or any Content available on or through the Site; and/or
(3) deep-link to internal pages of the Site or create a link from your website or any other Internet location to the Site without our prior written consent. You represent and warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually collecting any information about other users of the Site, or systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use. Any actual or attempted unauthorised use of this Site will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, commercial law and may result in criminal and/or civil prosecution. For your protection, Melaleuca Seaside Retreat reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Melaleuca Seaside Retreat reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate this Agreement. In such case, you agree to cease all access/use of the Site and the Content and to destroy any and all copies of Content in your possession or control.

ASSUMPTION OF RISK; DISCLAIMERS
You use the Internet solely at your own risk. Melaleuca Seaside Retreat is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Melaleuca Seaside Retreat shall have no liability for interruptions or omissions in Internet, network or hosting services. We expressly disclaim all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement, to the maximum extent that such disclaimers are held to be valid, and any responsibility for the content, the accuracy of the information, and/or quality of products or services of any third party referenced or described on the Site (including any third-party links).

MELALEUCA SEASIDE RETREAT PROVIDES THIS SITE AND ALL OF ITS CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL MELALEUCA SEASIDE RETREAT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, EVEN IF MELALEUCA SEASIDE RETREAT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

INDEMNITY
You agree to indemnify and hold harmless Melaleuca Seaside Retreat and all of its officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this Site (including the Content) or any breach by you of these Terms of Use.

HOTEL BOOKING TERMS
Melaleuca Seaside Retreat provides online reservation services on this Site for the retreat listed on this Site. Any reservations made through this Site are made between the individual making the reservation (“Guest”) and the retreat (“Retreat”). The reservation is subject to the local terms and conditions as may be imposed by the Retreat from time to time and is subject to the laws and the exclusive jurisdiction of the courts of the country in which the Retreat is located. Melaleuca Seaside Retreat and/or the respective Retreat reserves the right to cancel or modify reservations in its sole discretion for any reason. Neither Melaleuca Seaside Retreat nor the Retreat accepts any liability or responsibility for any third-party costs, claims, liabilities or expenses howsoever incurred or suffered by the Guest in relation to or associated with the Guest travelling to and/or from the Retreat, such as flights, land transportation, communications, insurance, lost property, medical services, etc.

LINKED SITES
This Site includes links to other websites. Melaleuca Seaside Retreat provides such links solely as a convenience to you and for informational purposes only. Melaleuca Seaside Retreat has not reviewed the information on these other websites. The inclusion of these links in no way indicates Melaleuca Seaside Retreat endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. Neither Melaleuca Seaside Retreat, nor any other providers of products or services related to this Site, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to the Site.

PRIVACY
Your use of this Site is subject to our Privacy Policy.

GOVERNING LAW
This Agreement shall be governed by the laws of Australia, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Australia. You agree to submit to the jurisdiction of the Australian courts for the purposes of any judicial proceedings relating to or arising from this Agreement. In the event of any disputes, the English language version of this Agreement will be exclusively applicable and authoritative.

MISCELLANEOUS
Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Melaleuca Seaside Retreat of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. In the event of any dispute, any rule of construction or interpretation otherwise requiring this Agreement to be construed or interpreted against any party by virtue of the authorship shall not apply to the construction and interpretation of this Agreement. Any ambiguities will be clarified in an equitable manner without regard to authorship and minor errors and misspellings will be corrected to give maximal effect to obvious intent.

@Copyright 2021.

Melaleuca Seaside Retreat,
108 Sandridge Road
Mitchells Island NSW 2430
Australia

All rights reserved.
Effective Date: 27 April 2021