TERMS OF USE

Last Updated 23 September 2021

This website, mobile website and any smart phone app (Website) is owned and operated by Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street, Sydney NSW 2000 (Destination NSW).

By using this Website, you agree with us to be bound by these Terms and Conditions, the privacy policy (Privacy Policy) and any other terms and conditions that appear in or are linked to the Website. If you do not agree to these Terms and Conditions then you should discontinue use of this Website.

In these Terms of Use, reference to:

• Content means this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website
• “we”, “us”, “our” or “Vivid Sydney”, then that is a reference to Destination NSW.
• User Content means any user generated content, including (without limitation) audio, video, images, information, material or other content of any kind other than of a personal nature

 

Your Use of Website

You agree to use the Website solely for your own personal, non-commercial use and agree:

(a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us;

(b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist);

(c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party;

(d) not to upload or post to the Website any content, including (without limitation) audio, video, images, information, material or other content of any kind other than of a personal nature, provided that you agree not to upload or post any content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter;

(e) not to upload or post to the Website any content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity;

(f) not to upload or post to the Website any content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law;

(g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website;

(h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and

(i) not to impersonate any person or entity or falsely misrepresent yourself.

 

Monitoring of Content

(a) You acknowledge that Destination NSW may or may not pre-screen Content or User Content, and that there is no obligation on Destination NSW to pre-screen Content or User Content, and that Destination NSW shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content or User Content provided by you.

(b) Without limiting paragraph (a), you agree that Destination NSW may edit, remove or not publish any Content or User Content if it considers that:

(i) the Content or User Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;

(ii) the Content or User Content is false or misleading;

(iii) publication of the Content or User Content will infringe intellectual property rights (including copyright) or a person's moral rights;

(iv) the Content or User Content is abusive, offensive or obscene; or

(v) the Content or and User Content otherwise in breach of these Terms and Conditions.

(c) Although we may from time to time monitor or review Content and User Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.

 

Minimum Age

You warrant that you are over the age of 13.

 

Intellectual Property and use of Content

Unless indicated otherwise in these Terms and Conditions, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Content.

The Content may only be used or reproduced by you for non-commercial personal use. No part of this website or Content may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent. This means that may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any Content that is not your User Content without our prior written consent

You agree that where required by law, we shall be entitled to deliver or provide access to any User Content and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.

 

Social Media & Consents

Permissions You Give to Us.

As part of the Terms of Use, you also give us certain permissions and consents to use your User Content.

By uploading, posting or submitting User Content to the Website you consent to, and grant us a non-exclusive, royalty-free, worldwide, revocable non-transferable, perpetual licence to, use, modify, adapt, delete from, add to, publicly display,  reproduce distribute and communicate, that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason), including editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation in any online media formats (including e-newsletters), through any social media channels, pages or accounts. If you have any moral rights in the User Content, you consent to us doing any act that but for this consent would be an infringement of those moral rights.

We do not claim ownership and copyright of your User Content. User Content will continue to appear if you shared it with others and they have not deleted it.

If User Content is used on Destination NSW’s digital or social platforms, your name and/or business will always be credited. We may also choose at our sole discretion to link back to your website or business social media profile.

You agree that Destination NSW may, at its discretion attach logos or other branding devices on User Content consisting of photos or videos.

You can revoke the above mentioned licence or consents at any time by contacting us in writing at legal.procurement@dnsw.com.au and informing us that you no longer want us to use your User Content.

Consent to use your username, and profile picture.

You give us consent to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products and Instagram, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.

 

Third Party Material

This Website may contain links to content or websites operated by third parties (Third Party Links).  Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by or approved by us.  Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.

 

Privacy, Cookies, Data Matching, Pixels

You acknowledge that all personal information that we collect from you will be collected and handled in accordance with our Privacy Policy.

Destination NSW, its websites and its third party partners, including analytics partners (such as Adobe Analytics and Google Analytics) and data matching software partners/providers, may use a various methods to collect information from you, including through cookies, pixels and data matching.

For more information about cookies, data marching and pixels and how we use cookies please see our privacy policy.

 

Liability

With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, any User Content,  the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.

 

Indemnities

With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.

 

Government Information (Public Access) Act 2009

Please kindly be aware that the Government Information (Public Access) Act 2009 applies to any information and documents provided to Destination NSW. For more information on the Government Information (Public Access) Act 2009, please visit the Information and Privacy Commission NSW website.

 

Amendments

These Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website are subject to change without notice to you at any time and at Destination NSW’s sole discretion. Your continued use of this Website will always be subject to the most current version of the Terms and Conditions, the Privacy Policy and any other terms and conditions linked to this Website.

 

General

With respect to this Website, these Terms and Conditions as well as your use of the Website shall be governed by the law of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia. You may not assign or deal with the benefit of these Terms and Conditions without our prior written consent. We may assign or deal with the benefit of these Terms and Conditions without restriction. Our failure or delay in exercising a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective until it is in writing. These Terms and Conditions (together with the Privacy Policy and other documents linked to these Terms and Conditions) constitute the entire agreement between you and us and supersedes all prior representations, agreements, statements and undertakings, whether verbal or in writing. These Terms and Conditions may only be amended by us as specified in clause 11 of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provisions which shall be deemed deleted. Nothing contained in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, employment, fiduciary or other relationship between the parties.

We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.

 

Maps

Maps on this Internet site are indicative only. You should refer to an appropriate road map prior to committing to any travel arrangements. Effort has been made to ensure that the details on maps were accurate at the time of going to press, however Destination NSW cannot accept any responsibility for any errors or omissions. The representation of any road is not necessarily evidence of public right of way.

 

Publications

This website offers an extensive list of free publications. To download the publication, please follow the downloading instructions. The downloading of these publications does not involve the collection of Personal Information.

Your e-mail requests for publications or information are only used by Destination NSW to process your request for information and are not collected for any other purpose. After your request for information has been processed, your e-mail request and any Personal Information is managed in accordance with our Privacy Policy.

 

Market Research Surveys

Surveys are designed to collect specific market research and/or demographic information that Destination NSW may use for planning and strategy development. The Personal Information that is collected from you by this survey is de-identified so that your identity can no longer be determined. The original survey is held by Destination NSW. The information is only used in an aggregated form as statistical information. The statistical information that is collected is analysed to allow us to deliver more exciting and competitive travel related activities and events that in turn allow the NSW tourism industry to grow.

 

Competitions

Competitions are designed to encourage consumers to participate in travel related activities and events and to collect specific market research and/or demographic information that Destination NSW may use for planning and strategy development of future tourism products.

Once the winning entrant is determined, the Personal Information contained in the remaining unsuccessful entries is de-identified so that your identity can no longer be determined within the market research material. The original entry form is held by Destination NSW.

After the competition is determined, the remaining information is only used in an aggregated form as statistical information. The statistical information that is collected is analysed to allow us to deliver more exciting and competitive travel related activities and events that in turn allow the NSW tourism industry to grow.

As part of a competition, Destination NSW may invite entrants to select the option of receiving special promotional material via email. At this time, we may collect relevant preference information to better tailor the special promotional material we send to you. Should you elect to receive the special promotional material; the Personal Information we collect from you will only be used to send you the special promotional material and will not be used for any other purpose. The receipt of the special promotional material is voluntary and can be changed, deleted or unsubscribed at any time.

 

Accommodation

Destination NSW does not offer a direct booking platform or agency service for any accommodation establishments listed on this website. The terms and conditions of an accommodation establishment will apply to any booking made by You with an accommodation establishment and Destination NSW is not a party to any booking made by You with an accommodation establishment. Destination NSW suggests that all guests, hosts and short term rental accommodation industry participants are familiar with their rights and obligations set out under the Fair Trading Act (NSW) 1987(the Act) and the Code of Conduct for the Short-term Rental Accommodation Industry (the Code) but takes no responsibility for any failures to comply with the Act or the Code.

 

Disclaimer

This Website includes tourism products and services information supplied by third parties. Destination NSW uses its best endeavours to keep the information included in this Website up to date, however the information, for example, prices quoted and services availability, may change and all details should be confirmed with the product or service provider/operator. Inclusion in this Website is not an endorsement of the information or supplier of the information and Destination NSW makes no representations as to the accuracy or any other aspect of the information supplied by third parties or contained in third party website.

All information in this Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness, fitness for purpose or of the results obtained from using this information. The information is provided on the understanding that Destination NSW is not providing professional advice on a particular matter. We advise you to personally confirm all information prior to making any travel, holiday or other arrangements.

There are risks associated with the transmission of information over the internet and you should therefore make your own assessment of the risks in the provision of your information to Destination NSW’s website.

To the extent permitted by law, Destination NSW: excludes all warranties as to and responsibility for the accuracy, completeness or suitability of the information on this Website or any linked site or for any error or omission in that information; and will not be liable for any loss or damage suffered or incurred by any person arising from the use of or reliance on the information, material or data contained on this Website or any linked website.

To the extent permitted by law, Destination NSW limits its liability to the resupply of the products or services supplied by Destination NSW (for example substituted information on this Website or access to this Website but not a replacement holiday or other tourism service) again or payment of the cost of resupply.

 

Feedback

Destination NSW values any comments you may have concerning the structure or content of this Website. Your comments will be kept on file for planning purposes, so that our future upgrades to the Website can incorporate the wishes of our users. Your e-mail comments will be kept solely for the purposes of future planning and will not be integrated into any of our consumer databases. We will not disclose your e-mail addresses or any Personal Information they may contain, to anyone outside Destination NSW. Should you wish to view your comments at any time please contact us at info@dnsw.com.au.

Destination NSW may provide feedback facilities on their websites to allow users to provide input into the future development of the sites and to comment on the provision of service by Destination NSW. The provision of personal details on feedback is optional.

Users may provide personal details for the purpose of receiving a reply to their feedback. This Personal Information will only be used for the purpose for which it was provided. We will not add your email address or name to any mailing list.

Destination NSW may publish aggregated information about feedback on the Website, but will ensure that this aggregated information cannot be used to identify individual users.