The Outdoor Type Website Terms and Conditions

1. Your Agreement with the Outdoor Type.

These terms and conditions constitute your agreement (the “Agreement”) with the Outdoor Type Pty Limited (ACN 133 445 011) (the “Outdoor Type”) in relation to your use of the Outdoor Type website (the “Website”), your access to the Website, and, to the extent possible, your relationship with any third party referred to on the Website. The Outdoor Type may vary this Agreement from time-to-time by publishing the varied agreement on the Website. You will be deemed to have agreed to any variations if you continue to use the Website after the date on which the variations were first published. These terms and conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales.

2. Definitions.

In this Agreement, “Content” means all content and any other information of any nature whatsoever, which is located on, published on, or posted to, the Website, whether by the Outdoor Type or a third party; “Intellectual Property” includes a group of legislative and common law rights including rights protected under the laws of copyright, design, patent, circuit layouts, confidential information, trade marks, business goodwill and reputation; “Outdoor Type Intellectual Property” means all Intellectual Property in (a) the Website; (b) any and all Content; and (c) the Trade Marks; and “Trade Marks” means THE OUTDOOR TYPE, THE OUTDOOR TYPE GUIDE, and any other trade marks, trade names, business names, logos or devices used by the Outdoor Type at any time in connection with the Website.

3. Outdoor Type Intellectual Property.

All Outdoor Type Intellectual Property is the property of the Outdoor Type or its licensors. You take no interest in the Outdoor Type Intellectual Property. The Content is available only for your personal use and may not be exploited by you for any commercial purpose. You must not copy, reproduce or republish any Content without the prior written approval of the Outdoor Type.

4. Disclaimers.

Some of the activities referred to on the Website are dangerous. Any reference to such activities on the Website is not an endorsement of them by the Outdoor Type. Any participation in such activities, or travel to any locations described in the Content, is at your own risk, and you are solely responsible for making your own assessment of the safety and suitability of the activity or location. You should also make your own enquiries as to whether any relevant third party provider holds suitable public liability insurance, or whether you should obtain your own insurance. The Website may contain information regarding goods or services offered by third parties, and links to websites maintained by, or on behalf of, those third parties. The Outdoor Type does not take orders or bookings for any goods or services offered by third parties. Any order or booking that you make with a third party is between you and the third party directly, and is subject to any terms and conditions you may agree with the third party. The Outdoor Type is not responsible for and makes no warranties in relation to: (a) the accuracy of the Content, or the content of any third party website; (b) the safety and suitability for your purposes of any activity, location, goods or services referred to on the Website; and (c) the standard of service of any third party.

5. Exclusion of Warranties and Limitations of Liability.

The Outdoor Type does not accept any liability whatsoever, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third parties. The Outdoor Type is not liable to you or any other person in any circumstances for loss or damage of any kind, whether direct or indirect, consequential or incidental, arising from or relating to: (a) the accuracy of the Content; (b) the use of, or any inability to use, the Website, the linked website of a third party, or any goods or services offered by a third party provider; (c) access to, or the inability to access, any location described in the Content; or (d) any personal injury suffered as a result of your participation in an activity or travel to a location referred to on the Website, or as a result of your use of goods or services provided by linked third parties. Unless expressly specified in this Agreement, the Outdoor Type makes no warranty or representation in relation to the Website or the Content. Without limiting the foregoing, the Outdoor Type makes no warranty that the Content is accurate, up-to-date or complete, that access to the Website will be uninterrupted or error-free, that any defects will be corrected, that the server which stores and transmits Content to you are free of viruses or other harmful components. Your use of the Website is at your own risk. All statutory and other warranties, promises or representations however made or given, whether express or implied, as to the state, quality or fitness for use of the Website are expressly negatived and excluded to the fullest extent allowed by law. To the fullest extent to which it may from time to time be lawful to do so, the provisions of all statutes whether now existing or hereafter coming into force and operating directly or indirectly to lessen or otherwise modify or vary or effect in your favour your obligations hereunder, are expressly waived, negatived and excluded from this Agreement.

6. Provisions which cannot be excluded.

This Agreement will not be read or applied so as to purport to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, the application of all or any of the provisions of Part V of the Trade Practices Act 1974 or of any other statute, act or law of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified. Where by law any liability cannot be excluded, the Outdoor Type limits its liability (in its sole discretion) to one of the following: (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

The Outdoor Type Guide