These terms are relevant if You are supplying Content.
If you are are publishing Content from this Site. Please contact us at [email protected] for a copy of our Distributor Licence Agreement. Before your continued use of this Site you should secure and agree to these terms.
1. The Site and your Content
Welcome to the http://www.atdw-online.com.au website or mobile properties, including related applications (collectively, this Site).
We provide an online platform that allows You to tell Us about your tourism business. This requires you to submit content including text, graphics, video/audio, photographs, images and multimedia (Content). We make this content available for publication by Us and by Distributors.
The term You refers to you being a business that has registered with Us to contribute content on, or publish content from, the Site. The terms Your and Yourself pertains to You.
The term Distributor refers to a business that registers for access and is supplied content by ATDW or an STO that publishes the supplied content. Terms of Use relevant for these businesses are contained in a separate, offline, agreement.
Your submission of Content is collectively known as a Profile or Profiles.
2. Eligibility
The Site is intended solely for tourism business operators, their employees and other authorised representatives that operate a tourism business in Australia and its Territories.
You must provide a direct service or experience to the leisure tourist. Where you coordinate Events, You are eligible to submit Business Event information.
3. Who we are - ATDW and our STO’s
The terms We, Us, and Our, refer to the Australian Tourism Data Warehouse Pty Ltd ("ATDW")(ACN 096 876 783), and our State Tourism Organisation STO customers namely, Tourism and Events Queensland (ABN 77 745 152 359), Destination NSW (ABN 52 890 768 976), VisitCanberra (ABN 72 397 293 490), Visit Victoria (ABN 18 381 772 530), Tourism Tasmania (ABN 58 800 480 938), South Australia Tourism Commission (ABN 80 485 623 691), Tourism Western Australia (ABN 95 468 665 668), Tourism NT (ABN 17 435 764 236). Rights in favour of We, Us or ATDW and each STO, are in favour of and may be exercised by ATDW and each STO jointly and severally.
4. These terms and conditions
By using the Site, You agree to comply with and be legally bound by the terms and conditions of these Terms of Service (Terms).
By accepting these Terms, You acknowledge and agree that the terms and conditions set out herein constitute a legally binding agreement between You and Us.
Please also read carefully our Privacy Policy at http://www.atdw-online.com.au/privacy. If you do not agree to these Terms, You have no right to obtain information from or otherwise continue using the Site.
5. Changing these terms
We may change or otherwise modify these Terms in the future in accordance with the Terms and Conditions herein, and You understand and agree that Your continued access or use of the Site after such change signifies Your acceptance of the updated or modified Terms.
We will note the date that revisions were last made to these Terms at the bottom of this page, and any revisions will take effect upon posting.
We will notify You of material changes to these Terms by either sending a notice to the email address provided to us at registration or by placing a notice on the Site.
Be sure to return to this page periodically to review the most current version of these Terms.
6. Licence to Us to list, distribute and modify Content
You license Us and permit Us (as well as any third party designated by Us) to list, publish, copy, edit, modify, adapt, use, store and further distribute and transmit (by whatever means) the Content as We think fit, provided We act reasonably in the interests of promoting tourism in Australia.
This license is granted by You on a non-exclusive, perpetual, worldwide and royalty free basis.
Our rights in relation to the Content include, but are not limited to, the right to:
a. list, share and use Your Content across all STO web activities (and any other form of media), publications, databases, kiosks and other marketing activities,
b. distribute Your Content to tourism marketing entities (Distributors), and
c. list, share and use Your Content in the Australian Tourism Data Warehouse data base and the data base of any licensed Distributor of ATDW (including the website of ATDW).
7. Content distribution - Acknowledgements by You
Your Content may be listed or republished on the database or website of a licensed ATDW Distributor and other third parties. ATDW will use its best endeavours to ensure that all ATDW licensed distributors are party to ATDW's Distribution Agreement current at the relevant time.
Neither any STO nor the ATDW shall be responsible for any republication, modification or editing of your Content by any ATDW distributor or other third party.
Furthermore, You fully release ATDW and each STO (including all directors, employees and agents thereof) in relation to all claims and actions that You may have in this regard and You waive all rights You may have in relation to Your content being republished, modified, edited or in any other way used by Us and any third party, including where You object to such actions or usage.
8. Your conduct
Your Content
You warrant that the Content
a. is true and accurate,
b. is not fraudulent, false, misleading or deceptive and
c. is not is defamatory, obscene, pornographic, vulgar or offensive.
You agree that You will not submit any Profile with false or misleading price information, or submit any Profile with a price that You do not firmly intend to honor.
You must not upload, publish, submit or transmit any Content that:
a. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
b. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
c. is violent or threatening or promotes violence or actions that are threatening to any other person; or
d. promotes illegal or harmful activities or substances.
Your content and third party intellectual property rights
You warrant to Us and agree:
a. that the Content does not in any way contravene or infringe any third party’s rights (ie any person or entity), including without limitation, their intellectual property, privacy, publicity or contractual rights, and
b. that where any third party approval for use of the Content is required, such approval has been obtained and the Content does not breach any conditions attached to such approval.
Your use of the Site
In connection with Your use of the Site You may not and you agree that You will not:
a. violate any laws or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
b. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, scrape, crawl or spider any web pages or other services contained in the Site or Content;
c. interfere with or damage Our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
d. access or use Our Site to use, expose, or allow to be used or exposed, any of Our Content:
(i) that is not publicly displayed by Us in its search results pages or profile pages;
(ii) in any way that is inconsistent with Our Privacy Policy or Terms of Use; or
(iii) in any way that otherwise violates the privacy rights or any other rights of Our users or any other third party.
e. use the Site, for any commercial or other purposes that are not expressly permitted by these Terms;
f. copy, store or otherwise access or use any information contained on the Site for purposes not expressly permitted by these Terms;
g. use Our Site in connection with the distribution of unsolicited commercial email (spam) or advertisements not expressly permitted by these Terms;
h. register for more than one Account or register for an Account on behalf of an individual other than Yourself;
i. impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;
Your indemnity to us
You agree to indemnify ATDW and each STO in respect of any loss or liability incurred by any of Us arising out of any breach of these obligations and warranties.
9. Inform Us of Content changes
You agree to promptly inform and advise Us of any update, amendment or modification required to the Content during the term of this agreement so that the Content is accurate and complete at all times. You shall do this by updating Your profile on the Site.
10. Additional Content
You agree that the provision of additional Content by You (or any update, modification or amendment of existing Content) during the term of this agreement is on the basis of the terms set out in this agreement.
11. STO and ATDW's right to remove Content
You agree that We are entitled to remove all or any part of the Content immediately and without notice in Our absolute discretion.
Without limiting the above, this right may be exercised if in Our view You have breached any of these terms.
12. Indemnity
You agree to indemnify and hold harmless ATDW and each STO against any claim, liability, proceedings, fines, damages and costs of any kind or nature whatsoever which may be made or accrue against any of Us as a result of any error or omission in the Content supplied or arising from any profile of the Content. This indemnity continues to operate after termination of this agreement.
13. Termination and removal of Content
You agree that failure by You to comply with these Terms entitles Us, in our sole discretion, to:
a. terminate on written notice your agreement with Us pursuant to these Terms, and
b. remove or suspend all Content from all databases, publications and profiles without notice.
14. Compliance with laws
You agree to observe and comply with all laws applicable to Your business. Without limiting the above, You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Site.
15. Distributor communications
You consent to receiving communications from ATDW distributors, including communications regarding their website developments and optional premium profile opportunities.
16. ATDW content profile and profile fee
Some STOs collect a subscription fee. Where You are required to purchase a Profile subscription, You agree to pay Us the applicable profile fee.
On payment of the profile fee being received and processed by ATDW, You will be entitled to list Your Content on the Australian Tourism Data Warehouse database for the profile period.
Once Your Content profile is submitted and ready for publication, You are not entitled to any refund (including partial refund) of the profile fee should the profile be later cancelled or terminated.
In addition, no refunds will be paid to You if You fail to obtain membership of tourism representative bodies and related discounts at the time of Your registration.
Please be aware that other membership databases may ask for a fee to list. These organisations are not affiliated with ATDW or the STOs. ATDW-Online is the official database for the STOs of Australia.
17. Governing law
This Agreement is governed by the laws of Queensland, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.
18. ATDW Distribution Licence Agreement
Should become a Licenced Distributor of ATDW you consent to the terms and conditions outlined in the ATDW Distribution Licence Agreement.
