As a condition of your use of the website or Wilpena Pound Resort’s services (as applicable), you warrant that:
If you have any enquiries about the progress of your booking, please email Wilpena Pound Resort on email@example.com.
Wilpena Pound Resort may evict you in any of the circumstances described in clause 2.1(e), in which case you must immediately vacate the premises. The manager will undertake whatever is necessary to enforce the eviction and removal of your personal property.
Pursuant to this licence and subject to the absolute right of Wilpena Pound Resort to vary access to all or any part(s) of the website, you acquire a non-exclusive right to:
If you wish to download and use any material contained in the website for a temporary purpose (such as viewing offline), you may do so only for your personal use.
However, downloading material contained in the website for reproduction by you may only be done upon receipt of prior written consent from Wilpena Pound Resort, and upon payment of any fee required by Wilpena Pound Resort to be paid by you for that use.
You hereby undertake the following obligations:
Wilpena Pound Resort does not warrant that the material in the website is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the website will not cause Wilpena Pound Resort to be in breach of these Terms.
Wilpena Pound Resort reserves the right to change, add or remove any material in or from the website without notice.
Wilpena Pound Resort does not warrant that the functions contained in the website or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website and other third-party websites are free of viruses or other harmful components.
You agree to release, indemnify and hold harmless, Wilpena Pound Resort, its related bodies corporate, its current and former officers, employees, contractors, sub-contractors/consultants (including their respective employees and contractors) and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the Wilpena Pound Resort except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Wilpena Pound Resort's negligence or wrongful act/omission.
Subject to clause 4.4, to the extent permitted by law, all implied terms are excluded. If any statute implies terms into these Terms which cannot be lawfully excluded, such terms will apply, save that the liability of Wilpena Pound Resort for breach of any such implied term will be limited in accordance with this clause 4.
This limitation of liability extends to loss, damage or personal injury caused directly or indirectly by your access to or inability to access the website and your reliance on any information provided on the website, even if we have been advised of the possibility of such damages or injury.
b. Our cumulative liability to you in the aggregate (to the fullest extent permitted by law) will not exceed the higher of $100 or the invoiced amount for the relevant product(s) or services.
To the extent the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies to Wilpena Pound Resort’s supply of goods or services to you, the following provisions will apply:
Wilpena Pound Resort’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
To the maximum extent permitted by law, Wilpena Pound Resort (and its related bodies corporate) will not be liable (whether in contract, tort, statute or otherwise) for any indirect, consequential, incidental, special or exemplary losses or damage of any kind, or for any loss of profits, revenue or opportunity arising out of a breach of this licence, or out of the supply of a defective program or incorrect materials, or otherwise in connection with these Terms, your use of the website or reliance on any information contained in this website, or use of any linked website, however caused, even if we have been advised of or should have known the possibility of such damages.
You must indemnify and keep Wilpena Pound Resort indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Wilpena Pound Resort may incur to a third party or you as a result of your breach of the provisions of these Terms.
When deciding to use the website or make a booking request, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Wilpena Pound Resort which has not been stated expressly in this licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Wilpena Pound Resort (which material may be out of date or superseded).
Subscribers to services of the website, if any, may store in digital format in computer terminals, databases or other repositories material which is supplied in the normal course of a subscription.
Password access is restricted to a single subscriber. Passwords and user names must not be distributed to any other person, body or corporation.
Subscribers must take due care to protect the copyright of materials from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. In the event that a subscriber breaches this duty, or if it is found that a subscriber's conduct violates applicable law, Wilpena Pound Resort may immediately suspend or terminate a subscriber's subscription without notice.
You accept that Wilpena Pound Resort takes no responsibility for any error or omission relating to the material contained in the website.
You accept that Wilpena Pound Resort makes no undertakings to provide access to the website at any particular time, or for any particular length of time. You agree that Wilpena Pound Resort will not be held liable for any lapse in the website's accessibility, or any consequences whatsoever that flow from the unavailability of the website.
Termination pursuant to this clause shall not affect any rights or remedies, which Wilpena Pound Resort may otherwise have under this licence or at law.
The current Terms are those are posted at WilpenaPound.com.au from time to time.
Wilpena Pound Resort may at any time vary and amend these Terms by publishing the varied Terms on the website. The amended Terms take effect upon publication to the website, and you acknowledge and agree that your use of the site or services signifies your acceptance to be bound by the Terms as amended.
Failure or neglect by Wilpena Pound Resort to enforce at any time any of the provisions of this licence shall not be construed or deemed to be a waiver of the rights of Wilpena Pound Resort under this licence.
These Terms shall be governed by and construed according to the laws of the state of South Australia, Australia.
'Wilpena Pound Resort' means Ikara Wilpena Enterprises Pty Ltd (ABN 75 155 337 474) and Wilpena Pound Aerodrome Services Pty Ltd (ABN 25 154 340 011), all of its related bodies corporate.
’Related body corporate’ has the meaning given in the Corporations Act 2001 (Cth).
'Hyperlink' means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
'Intellectual Property Rights' means all intellectual property rights including all current and future registered and unregistered rights in respect of copyright, know-how, patents, inventions and discoveries, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Wilpena Pound Resort websites and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
These Terms & Conditions (Terms) are current on and from 10th January 2020.