Terms and Conditions

1. Terms of Use

These terms and conditions apply to users of the Lady Elliot Island Eco Resort website (the “Site”). By using this Site, you accept and agree to these terms. Lady Elliot Island Eco Resort reserves the right to change these terms at any time. Please check these terms at regular intervals for any changes. Your continued use of the Site following any change to these terms and conditions will be deemed acceptance of those changes. 

2. Your Obligations

You must use the site in a responsible manner. You must not: 

(a) use the Site for any activities or post or transmit via the Site, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standards or codes;

(b) use the Site to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the site or the Internet;

(c) use the Site to send unsolicited email messages;

(d) in any way tamper, hinder or modify the Site;

(e) knowingly transmit any viruses or other disabling features to the Site or via the Site; or

(f) attempt any of the above acts or facilitate or assist another person to do any of the above acts. 

3. Copyright and Trademark Notice 

The material on the Site and the software, design, text and graphics comprised in the Site and the selection and layout of the Site are owned or licensed by Lady Elliot Island Eco Resort and protected by copyright law under the laws of Australia and International Copyright laws.  

The Site does not grant you a licence nor does it act as a right of use of any of the trademarks, whether registered or unregistered, that are displayed on the Site without the express written permission of the trademark owner.  

You may view this Site and its contents using your web browser.  In visiting the Site, you are able to save an electronic copy of the Site by means of the usual operation of your web browser only.  

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Site in any way except as expressly provided for by Lady Elliot Island Eco Resort or expressly authorized in writing by Lady Elliot Island.  

4. Restrictions on Use 

You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Lady Elliot Island Eco Resort or an associated entity or which is prohibited by the Terms of Use. 

5. Advertising, Third Party Content and Links to Third Party Websites 

The Site contains hyperlinks and other pointers to Internet Websites operated by third parties. Lady Elliot Island Eco Resort does not control these linked Websites and is not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Lady Elliot Island Eco Resort of the Site or the products or services provided at those Sites. You link to any such Website entirely at your own risk.

6. Prices, Products and Services are Subject to Change 

All prices displayed (being GST exclusive) and products and services offered to be supplied on the Site are subject to change without notice.

7. Indemnity 

By entering into the Site, you agree to indemnify Lady Elliot Island Eco Resort from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of the Site by you. 

8. Disclaimer 

The Competition and Consumer Act 2010 (Cth) and similar state and territory legislation in Australia confers you with rights and remedies relating to the provision of goods or services to you by Lady Elliot Island Eco Resort via the Site which cannot be excluded, restricted or modified (your ‘Statutory Rights’).  Lady Elliot Island Eco Resort excludes all conditions and warranties implied by custom, law or statute save for your statutory rights.  

To the extent permitted by law, including but not limited to any act or omission on the part of Lady Elliot Island, Lady Elliot Island Eco Resort will not be liable for any loss, damages, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits suffered by you from any use or access of, or any inability to use or access, the Site.  

You expressly acknowledge that Lady Elliot Island Eco Resort does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Site.  

9. Miscellaneous

Lady Elliot Island Eco Resort relies upon your continued observance of the Terms of Use.  In the event that Lady Elliot Island Eco Resort suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Lady Elliot Island Eco Resort for those losses, damages and costs.  

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal for determining any dispute concerning the Terms of Use.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

If Lady Elliot Island Eco Resort does not act in relation to a breach of the Terms of Use by you, this does not waive Lady Elliot Island’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

10. Termination

The Terms of Use are effective until terminated by Lady Elliot Island.  Lady Elliot Island Eco Resort may terminate the Terms of Use and your access to the Site at any time without notice.  In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.