Last updated: 3rd February
Our websites are intended
for use by those 18 years old or over. No one under that age should use our websites.
If you are under the age of 18 years please leave our websites immediately.
Please click on a link below
to jump to a specific paragraph:-
1. About This Document
2. Your Agreement
3. Copyright Notice
5. Contacting Us
6. What Do These Terms Cover?
7. What Websites To These Terms Cover?
9. Accessing Our Websites
10. Completing Forms And Error Correction
11. Registration On Our Websites
12. Booking Process
13. Our Website Content
14. Your Conduct And Content
15. Disclaimer And Limitation Of Liability
16. Changes To These Terms
17. Applicable Law And Disputes
About this document
This document sets out our
general terms governing use of our websites.
This document does not set out our booking conditions or other
terms of supply.
For more information about our booking conditions and other terms of supply please
go to: Booking Conditions
By using our websites, you
This document, and all content
of our websites is © Copyright Creative Holidays Pty Ltd ABN 23 003 286 459. ALL
These are the website terms
of use of Creative Tours Pty Ltd ACN (ABN 23 003 286 459) trading as Creative Holidays
(referred to as "we", "us" or "our"). We are incorporated
under the laws of Australia. Our incorporation address or registered office is Travel
House, Level 2, 35 Grafton Street, Bondi Junction NSW 2022.
If you have any questions
us by telephone on 1300 747 400, or by post to
The Privacy Officer
Travel House, 35 Grafton
Bondi Junction, NSW 2022
What do these terms cover?
set out the terms on which our website and e-mails may be visited, browsed and used,
and are supplemental to any other terms we may apply from time to time. References
to "you" and "your" are to any person who visits, browses, or
otherwise uses our website or receives any of our e-mails.
What websites to these terms cover?
These terms cover all of
our websites, including those at the following addresses, and any other website
on which they appear: http://www.creativeholidays.com
Our website and any bookings
or other transactions conducted through this web website are in the English language
only. We do not offer any other languages
at the moment.
Accessing our websites
Our websites will only be
available at such times as we may decide, and we do not guarantee that our websites,
or any website content, will always be available or be uninterrupted. We may suspend
our websites at any time without notice and for any reason, including for upgrade,
maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw,
discontinue or change all or any part of our websites at any time without notice.
We shall have no liability to you (including in negligence) if our website is not
available for any reason, and we shall have no obligation to you to make sure that
our websites are available to you at any time.
You are responsible for making
all arrangements necessary for you to have access to our websites, including compatible
software and arranging internet access. You
are also responsible for ensuring that all persons who access our site through your
terms and conditions, and that they comply with them.
You must not misuse our websites
by knowingly introducing viruses, Trojans, worms, logic bombs or other material
which is malicious or technologically harmful. You must not attempt to gain unauthorised
access to our websites, the server on which our websites are stored or any server,
computer or database connected to our websites. You must not attack our websites
via a denial-of-service attack or a distributed denial-of service attack. By breaching
this provision, you would commit a criminal offence, under the courts of Australia.
We will report any such breach to the relevant law enforcement authorities and we
will co-operate with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use our websites will cease immediately.
Completing forms and error correction
When completing any enquiry,
booking or other forms on our website, some information is mandatory before you
will be able to submit the forms to us. Mandatory information requirements are clearly
identified and are denoted by an asterisk (*). You will be prompted for this information
if you try to submit a form which is missing any of this mandatory data.
Where any information is not marked with an asterisk then such information
is optional, and you need to fill it in if you wish to do so.
of your information
When you submit any information
to us, including in connection with a registration, enquiry or booking, you must
ensure that it is true, accurate, current, and complete in all respects, and you
represent that it is. We will rely on your
When you are carrying out
any enquiry, booking, order, registration or other process on our website, you may
at any time before submitting use the back button on your browser to go back and
correct or change any information. If you
think there is any error in your information provided after you have submitted it,
you can contact us at any time to correct it.
Registration on our websites
To use some of the services
or features made available to you on our websites (such as accounts, forums, memberships,
review and comment functionality, and loyalty programs) you may need to register
with our website and accept any terms applicable to such registration as notified
to you at the time of registration We may accordingly restrict access to some parts
of our websites and functionality on our websites to persons who have registered
with us for access to that part or functionality.
Should any of your registration
information change, please update your details using functionality provided within
your website or alternatively contact us.
You are responsible for keeping
any username and password log-in details relating to such registration confidential,
safe and secure. We ask you not to share those details with anyone.
You must ensure that any password you provide is unique and a strong password,
being a random string of upper and lower case letters, numbers and symbols of at
least 8 or more characters in length, which you have not used on any other website.
You must let us know immediately if you suspect any unauthorised access to our use
of your log-in details or any registration with our websites. We have the right
to disable any log-in details, whether chosen by you or allocated by us, at any
time, if in our reasonable opinion you have failed to comply with any of the provisions
We may suspend or terminate
your registration and/or your ability to access or use any features, services or
functionality on our websites at any time and for any reason, with or without prior
notification to you.
You must be eighteen (18)
years old or over to make a booking or otherwise order from us.
Our website is not a legal
offer. To make a booking with or through us or otherwise order from us using our
websites you must follow the procedure set out on our websites, and a contract will
not be formed except in accordance with the procedure explained on our websites.
and supply terms
All services and products
we supply, and all bookings made, are supplied and made on and subject to our booking
terms and conditions and other terms of supply, available on request, and these
You agree that if a booking or order is made by or for you, that our booking terms
and conditions and other terms of supply shall apply. For more information about
our booking conditions and other terms of supply please go to:
Our Website Content
For the purposes of these
terms "our website content"
is defined as everything making up our websites or which is otherwise downloaded
as part of or through our websites, including any services, functionality, trade
marks, logos, graphics, photographs, images, sounds, music, video, audio or text
flash objects, cookies, HTML, and CSS. However
references to "our website content"
does not include anything you post to our website, including through use of any
community functionality we provide on our websites as detailed below.
Our website content is provided
for general information only, with the understanding that we are not engaged in
the rendering of legal or other professional advice or service. Your reliance on
or use of our websites and website content is entirely at your own risk.
Although we make reasonable
efforts to update the information on our site, we make no representations, warranties
or guarantees, whether express or implied, that the content on our site is accurate,
complete or up-to-date. In any event, our website content is only valid at the time
it is downloaded, and may change on a subsequent visit to our websites. We shall
be entitled to change our website content from time to time, and cease providing
any particular website content (including part, functionality or service of our
websites), without notice, and for any reason.
We do not guarantee that
our websites or any website content will be free from errors or omissions There
may be mistakes and errors in our website content which we fail to notice, which
will not be binding on us. We reserve the right to correct any errors in our website
content and to change any of our website content (including services, products,
availability, and pricing) at any time without notice, including in any booking
or order you have submitted or contract you have entered into with us on the basis
of it. If any correction affects any booking or order you have submitted or contract
you have entered into with us to your material detriment, then we will give you
the opportunity to cancel the booking, order or contract rather than accept the
Whilst we make all reasonable
attempts to exclude viruses from our websites and website content, we cannot ensure
that they will be none or that our websites will not be subject to unauthorised
access or modification. Thus, you are recommended to take all appropriate safeguards
on your computer or other device (including installing appropriate protective software)
before downloading any of our website content.
If we include a link to a
third party website (e.g. a banner advertisement) in our website content then you
should note that these third party websites are not our responsibility and you visit
them at your own risk. By providing these links, we are not endorsing, sponsoring
or recommending such sites or the materials disseminated by or services provided
by them, and we are not responsible for the materials, services or other situations
at or related to or from any other site.
We are not responsible for the direct or indirect consequences of your navigating
to any other website from our websites. If you supply any personal data to them,
You acknowledge that all
copyright, designs, database rights, trademarks, patents, and all other intellectual
property and material rights relating to our website content (and in the selection
and arrangement thereof) is and remains our sole and absolute property. You are
granted no right, licence or interest in or to our website content or any intellectual
property rights in it, except for the browsing licence detailed below, and all other
rights are reserved. In particular you are
not permitted to screen scrape or otherwise copy or use our website content except
for the purposes of browsing our website as a customer or potential customer under
the licence below.
We hereby grant you a licence
to download and run the pages of our website we make accessible to you, in a web
browser, and to store them in the web browser cache, for the purposes of enabling
you to browsing and using our website as a customer or potential customer, or as
an agent for a specific customer or potential customer, whether online or offline.
You are also permitted to store (as a local copy on your computer file system, outside
the browser cache) a copy of, or print off, any web pages we make accessible to
you from our website, for your own private records and future reference, provided
that you are again doing so as a customer or potential customer, or as an agent
for a specific customer or potential customer. Except for as expressly provided
by the foregoing licence, you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, commercially exploit, create derivative works
from, transfer, or sell any of our website content, or use our websites, or any
of our website content, to further any commercial purpose, including any advertising
or advertising revenue generation activity on your own website. We may terminate
the above download licences at any time.
You may link to our home
page, provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it. You must not establish a link to our websites
in such a way as to suggest any form of association, approval or endorsement on
our part where none exists. Our websites
must not be framed on any other site, nor may you create a link to any part of our
site other than the home page. We reserve the right to withdraw linking permission
Your conduct and content
Use of our
You agree to use our websites
only for lawful purposes reasonably connected to the intended purposes of our websites,
and you must not use our websites for or in connection with any unlawful or criminal
activity. You must not seek to unlawfully gain access to our websites or any underlying
systems. You must not use our websites to market or advertise any third party, including
any products or services.
We may offer comment and
review facilities, message boards, forums, photo galleries and other community functionality
from time to time, which enable you and others to post content to our websites.
As we are sure you are aware, anything you post online is available for the world
to see, and may be subject to moderation or deletion by us at any time. You agree
that you will be personally responsible for your use of all community functionality
and for all of your communication and activity on and pursuant to our
websites. If we determine that you are or have been engaged in prohibited
activities, were not respectful of other users, or otherwise violated the terms
and conditions, we may deny you access to our websites on a temporary or permanent
basis. We will not be responsible, or liable to any third party, for the content
or accuracy of any content posted by you or any other user of our websites. Please
exercise discretion when communicating with others using out community functionality,
and never make any assumptions about them. The views expressed by other users on
our site do not represent our views or values.
You shall ensure that anything
your post to our website (including text and pictures), whether through any community
functionality or otherwise: (a) reasonably relates solely to us and our products
and services; (b) is in accordance with any rules or acceptable use policies we
may publish from time to time; (c) is not posted in breach of any duty of confidentiality
or in infringement of any rights of a third party; (d) is not unlawful, defamatory,
threatening, racist or libelous, or incitement to hatred or violence; (e) is not
detrimental to people, institutions, or religions or to people's privacy; (f) capable
of causing harm to minors or unwarranted distress to any person; (g) is not detrimental
to our trade marks or our website content; (h) is not personal data of a third party;
(h) is not using our site to promoting and advertise any businesses, product, service
or other thing; (i) does not advocate illegal activity or discuss illegal activities
with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent;
(k) is not software. Any content you upload
to our community functionality will be considered non-confidential. We also have
the right to disclose your identity to any third party who is claiming that any
content posted or uploaded by you to our websites constitutes a violation of their
intellectual property rights, or of their right to privacy, or any breach of law.
In relation to anything your
post to our website (including text and pictures), whether through any community
functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty
free, transferrable, licence, with the right to grant sub-licences, to use, copy,
edit, distribute, adapt, publish, translate, publicly perform and display, create
derivative works from and do anything else whatsoever with that content, including
(without limitation) publication and republication in any form, medium or technology
(whether now known or later developed) in any part of the world. In particular,
by posting a message or other content on our websites (including sending in photos
to any photo gallery), you understand that such content becomes public domain and
therefore may be used by us for marketing and other purposes without any compensation
required to be paid to you. You waive all moral rights (including to be identified
as author) in relation such content. You warrant that you have the right to grant
the licence above, and that the exercise by us of that licence shall not infringe
any copyright or other intellectual property rights in any part of the world.
Disclaimer and Limitation of Liability
to consumer rights
If you are acting as a consumer
(i.e. an individual acting for their private purposes not associated with a business
or profession) nothing in these terms shall affect your legal rights as a consumer
to the extent they may not be excluded or limited by law, and the following terms
shall be read subject to this.
to contracts with us
The following terms shall
be without prejudice to our liability under or in relation to any contract which
we enter into with you as a result of a booking made by you, but such contract shall
be subject to any separate booking conditions or other terms we apply to that contract
and any exclusions or restrictions of liability in such conditions or terms.
of liability for personal injury and fraud
We do not limit or exclude
our liability for death or personal injury caused by our negligence, or for fraud
or fraudulent misrepresentation.
We disclaim and exclude any
duty of care which we may owe you in respect of our website and website content,
and we shall have no liability to you in negligence with respect to our websites
or website content.
as to quality and exclusion of implied terms
We provide each of our websites
and website content "as is" and "as available", without warranty,
guarantee, or promise as to its quality, condition, fitness for purpose, availability,
suitability, or functionality. We do not
represent or warrant that our website content is accurate, complete or current,
and we shall have no liability whatsoever in respect of any use which you make of
our website content. We hereby exclude to
the fullest extent permitted by law all implied warranties, terms and conditions,
and all rights under any law, in your favour, with respect to our websites or website
Our website content has not
been written to meet your individual requirements and it is your sole responsibility
to satisfy yourself prior to ordering any products or services from us that they
are suitable for your purposes.
for business losses
Where you are a consumer,
we have no liability to you for any losses relating to any business or occupation,
including loss of profit, loss of revenue, loss of business or contract, business
interruption, or loss of business opportunity.
In any other case, we shall
not be liable to you for any loss damage or liability you suffer or incur as a result
of visiting, browsing, or using our website or website content, or the non-availability
or interruption of our website or website content, or relying on our website or
website content. In particular, we shall not be liable for any loss, damage or liability
suffered by or in relation to any business, profession, occupation or organisation,
even if we have been advised of the possibility of such loss, including: (a) loss
of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional
expenditure, loss of bargain, loss of anticipated savings, business interruption,
or liability to any third party and fines, in each case whether direct or not; or
(b) for any losses or damages of any nature which are special, punitive, exemplary,
indirect, incidental or consequential.
for force majeure
We will not be liable for
anything caused by event or circumstance beyond our reasonable control.
unless our fault
We shall not be liable for
any losses unless they are caused by any negligence, or breach of any law or legal
or contractual obligation on our part. We shall not be liable for any losses caused
by any act or omission on your part.
for loss not foreseeable
We shall not be liable for
any loss or damage which was not foreseeable.
References to our liability
include our liability under or for breach of a contract, liability in negligence,
liability under any statute or other law, liability for breach of statutory duty,
or any other liability on whatever basis or howsoever arising, including (without
limitation) where such liability arises out of or in connection with our websites,
website content, and any services provided through them, your reliance on the same,
or the non-availability or interruption of the same.
Changes to these terms
We may change these website
by publishing a new version on our website. You should check these terms for updates
each time you visit our website to be sure that you are aware of any changes. You should check the top of the document to
see the latest version in force. Any change
will be prospective only, and we will not make any changes that have retroactive
effect unless legally required to do so.
By continuing to use our websites after any such change you will be considered to
have accepted the change.
Applicable Law And Disputes
These terms, your use of
our websites, and any claim relating to our websites or based information on our
websites, is subject to the law of Australia and you must bring any claims against
us in the courts of Australia.