Terms of Use

1. Proprietary Rights

Your use of the website does not grant to you any ownership or interest in any content, code, data or materials you may access on or through the website or any intellectual property rights subsisting any content, code, data or materials you may access on or through the real byron bay website. You may download a single copy of any content contained on the website, solely for your personal, non-commercial use, consistent with these terms of use, provided that you maintain the copyright and other notices contained in that content. This excludes products available for sale/licensing on the real byron bay website. If you make other use of the website, or the Products, content, code, data or materials on the real byron bay website or available through the website, except as otherwise provided above, you will violate copyright and other laws of Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use.

2. Copyright

We respect the intellectual property rights of others, and require that those people who advertise or use the real byron bay website, or the services or features made available on or through the real byron bay website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to The Real Series Pty Ltd:

a.    your address, telephone number, and email address;
b.    a description of where the alleged infringing material is located;
c.    a description of the copyrighted work that you claim has been infringed; and
d.    a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

3. Trademarks

Nothing contained on the website should be construed as granting expressly or by implication any license or right to use any Trademark displayed on the website without the written permission of The Real Series Pty Ltd  or the third party that may own the applicable Trademark.

4. Changes to Terms of Use

The information on this site is subject to change without notice. The Real Series Pty Ltd may, at its sole discretion, revise or change these Terms of Use (in whole or in part) from time to time and at any time without notice to you. Changes in the Terms and Use will be effective when posted by us on the real byron bay website. Your continued use of the website and/or the services made available on or through the real byron bay website after any changes to the Terms of Use are posted will be considered acceptance of those changes.

5. User Information

In the course of your use of the website and/or the content or services made available on, or through, the website, you may be asked to provide certain personalised information to us (User Information). The Real Series Pty Ltd information collection and use policies with respect to the privacy of such User Information are set out in the the real byron bay website’s Privacy Policy. You are solely responsible for the accuracy and content of User Information.

6. Linking to the Website

You agree that if you include a link from any other web site to the real byron bay website, such link must link to the full version of an HTML formatted page of the real byron bay website. You are not permitted to link directly to any image hosted on the real byron bay website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the real byron bay website on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site to the real byron bay website in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve our right to insist that any link to the real byron bay website be discontinued, and to revoke your right to link to the real byron bay website from any other web site at any time upon written notice to you.

7. Third Party Websites

You may be able to move from the real byron bay website to third party web sites (Linked Sites). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.  The Real Series Pty Ltd disclaims any liability for links to another web site.

8. Disclaimer

The Real Series Pty Ltd is not liable for any loss or damage, howsoever caused incurred in connection with the real byron bay website, including but not limited to, as a result of reliance placed upon the information on the real byron bay website. Goods and services of third parties may be advertised and/or may be made available on or through the real byron bay website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. the real byron bay website will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

The Trade Practices Act and similar state and territory legislation in Australia may confer rights and remedies on you in relation to the provision goods or services on the real byron bay website which cannot be excluded, restricted or modified by The Real Series Pty Ltd (Non-excludable Rights).
 The Real Series Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:

a.    all content and services on the real byron bay website is provided “as is” and without warranties of any kind, either express or implied;
b.    The Real Series Pty Ltd and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose;
c.    The Real Series Pty Ltd does not warrant that the functions contained in any content or your access to the real byron bay website will be uninterrupted or error-free, that any defects will be corrected or that the real byron bay website or the server which stores and transmits content to you are free of viruses or any other harmful components; and
d.    The Real Series Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the real byron bay website (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

The Real Series Pty Ltd is not liable for any loss or damage, howsoever caused incurred in connection with the real byron bay website, including but not limited to, as a result of reliance placed upon the information on the real byron bay website. Under no circumstances (including but not limited to any act or omission on the part of The Real Series Pty Ltd) will The Real Series Pty Ltd or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the real byron bay website or the content.

To the fullest extent permitted by law, The Real Series Pty Ltd’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Real Series Pty Ltd to the following:
a.    in the case of services supplied or offered by The Real Series Pty Ltd:
i.    the supply of the services again;
ii.    the payment of the cost of having services supplied again; and
b.    in the case of goods supplied or offered by us:
i.    the replacement of the goods or the supply of equivalent goods; or
ii.    the payment of the cost of replacing the goods or acquiring equivalent goods.

9. Applicable Laws

We control and operate the real byron bay website in accordance with the laws of New South Wales, Australia. We do not represent that materials on the the real byron bay website are appropriate or available for use in other locations. Persons who choose to access the the real byron bay website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Terms of Use | The Real Byron Bay


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