INTRODUCTION

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These Terms of Use describe your rights and responsibilities as a member of The Tourism CoLab's community forum. Taking the time to read and familiarise yourself and agree with these Terms of Use is a requirement for participating in this community.

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AGREEMENT

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1. By signing up to The Tourism CoLab's courses and community of practice, users agree to the following legally binding terms and conditions. Use includes:

• the use of the information and services offered on this community forum, including courses.

• participation in any discussion in the forum.

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2. By continuing to use the community of practice or participating in any courses, you agree:

• to be bound by the terms and conditions herein.

• any terms and conditions expressly stated in any information or services provided.

• to The Tourism CoLab reserving the right to change, and amend these terms and conditions from time to time, and that you will update yourself regularly by re-familiarising yourself with these terms and conditions. Your continued use of the Tourism CoLab's websites and discussion forums signifies your agreement to any amended terms and conditions.

 

3. Should you not accept these terms and conditions, you MUST refrain from using the website and discussion forums.

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4. You agree that all information provided by The Tourism CoLab, through its websites and online communities is provided:

• under these terms and conditions.

• in good faith.

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THE TOURISM COLAB:

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5. derives all of the information, insights and opinions on its website and community forum through sources which it believes to be reputable, up to date, and based on ethical research. This information is made available in good faith.

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6. reserves the right to update any information on its website or community forum at any time.

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7. does not make any representations or warranties that:​

(1) the information provided by The Tourism CoLab​  through its websites and online communities is reliable, accurate or complete; or

(2) that your access to that information will be uninterrupted, timely or secure.

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8. is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by The Tourism CoLab. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service;

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9. that any information or material submitted by you to any online community is and will be treated by The Tourism CoLab as non-confidential and non-proprietary and The Tourism CoLab may use such material without restriction.

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10. when you submit material to the Tourism CoLab's online community, YOU ASSIGN all copyright which subsists in such material to The Tourism CoLab without having to take further action. If such copyright is not capable of assignment YOU GRANT The Tourism CoLab a royalty-free, non-exclusive, perpetual, irrevocable worldwide licence (with the right to sublicence) to use, modify, alter, reproduce, broadcast and exploit such non-assignable copyright, the materials you submit and the intellectual property in the materials you submit for any purpose The Tourism CoLab determines.

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11. you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party.

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YOU AGREE:

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12. to use The Tourism CoLab’s information services and online communities for lawful purposes only.

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13. to assign full right title and interest in any material you post on The Tourism CoLab websites or online communities to so use and publish the same

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14. to obtain all necessary permissions and licenses in any third party material contained in the material you post on The Tourism CoLab's websites or online communities.

 

15. you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethically objectionable.

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16. you will treat other users of The Tourism CoLab's online communities with respect.

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17. The Tourism CoLab has ultimate control of all its websites and online communities and the Tourism CoLab, in its sole discretion, may edit, remove or decide to not publish any material you contribute, or block or close your access, particularly if it is of the opinion that any material you post is:

 

(1) defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, racial vilification, privacy or contempt;

(2) false or deceptive;

(3) an infringement of intellectual property rights including copyright;

(4) abusive, offensive or obscene;

(5) inappropriate, off-topic, repetitive or vexatious. The Tourism CoLab reserves the right to reject contributions that have been widely canvassed in the online community. It also reserves the right to reject contributions from participants who seek to dominate the discussion;

(6)  compromising the privacy of any person or containing inappropriate personal information;

(7) seeking to endorse commercial products or services;

(8) seeking to directly solicit donations;

(9) deliberate provocation of other community members; or

(10) impersonating someone else and/or posting on behalf of a person previously prohibited from access.

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18. you will not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members.

 

19. you will not impersonate any other person.

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20. you will provide current, accurate and up-to-date information about yourself as required under these terms and conditions.

 

21. you will not post or transmit any unsolicited advertising or promotional materials.

 

22. any material which you post may be removed by The Tourism CoLab from the online community without notice at any time.

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23. you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

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24. that any material or information provided by you may be posted in the online community for any other members or guests to read.

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25. when accessing or participating in The Tourism CoLab instigated online communities on third-party platforms to comply with any terms and conditions of such third-party platforms.

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26. to understand the privacy settings on any platform you access and choose appropriate options to protect your personal information and content.

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27. The Tourism Colab does not accept any liability for the accuracy or content of any material posted by other members of the online community. The Tourism CoLab is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;

 

28. The Tourism CoLab does not accept any responsibility or liability for any information or material which you submit to the online community, nor does The Tourism CoLab accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the online community.

 

29. The Tourism CoLab does not warrant that it will respond to questions or comments submitted by you to our online communities.

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29. if you download any material from the online community, you acknowledge that The Tourism CoLab is not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.

 

DISCLAIMER

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30. The Tourism CoLab does not accept any liability for:

 

(1) any loss damage, however, caused (including through negligence), which you may directly or indirectly suffer in connection with your use of The Tourism CoLab's websites, any linked website or online community; nor

(2) for any loss arising out of your use of, or reliance on, the information contained on, or accessed through, The Tourism CoLab's websites  or online communities;

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31. That, to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits The Tourism CoLab from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but The Tourism CoLab’s liability will be limited for a breach of that condition or warranty to one or more of the following:

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(1) if the breach relates to goods:

(a) the replacement of the goods or the supply of equivalent goods,

(b) the repair of such goods,

(c) the payment of the cost of replacing the goods or of acquiring equivalent goods, or

(d) the payment of the cost of having the goods repaired;

 

(2)  if the breach relates to services:

(a) the supplying of the services again or

(b) the payment of the cost of having the services supplied again.

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EXCEPTION TO THE DISCLAIMER

 

32. This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

COPYRIGHT

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33. Copyright in The Tourism CoLab's websites and online communities (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by The Tourism CoLab. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, YOU MAY NOT in any form or by any means:

 

(1) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of The Tourism CoLab's websites,

(2) commercialise any information, products or services obtained from any part of The Tourism CoLab's websites, or

(3) use the material for non-commercial purposes without The Tourism CoLab’s written permission or, in the case of third-party material, from the owner of the copyright in that material;

 

TRADEMARKS

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34. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark

 

35. If you use any of The Tourism CoLab’s trademarks in reference to The Tourism CoLab'’s activities, products or services, you must include a statement attributing that trademark to The Tourism CoLab. You must not use any of our trademarks:

 

(1) in or as the whole or part of your own trademarks;

(2) in connection with activities, products or services which are not The Tourism CoLab’s;

(3) in a manner which may be confusing, misleading or deceptive;

(4) in a manner that disparages The Tourism CoLab or its information, products or services (including any The Tourism CoLab web site).

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36. You shall not remove, obscure or alter any The Tourism CoLab business names, acronyms, trademarks, logos, or copyright notices on any content you access and use or use in any way that implies the endorsement of The Tourism CoLab.

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RESTRICTED USE

 

37. Unless The Tourism CoLab agrees otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.​

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LINKED WEBSITES

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38. Any The Tourism CoLab website or online community may contain links to other websites ( "linked websites" ). Those links are provided for convenience only and may not remain current or be maintained.

 

39. The Tourism CoLab IS NOT RESPONSIBLE for the content or privacy practices associated with linked websites.

 

40. The Tourism CoLab links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary;

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PRIVACY POLICY

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41. The Tourism CoLab undertakes to comply with the terms of its privacy policy which is locatable at https://www.thetourismcolab.com.au/privacy-policy. 

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42. The Tourism CoLab may collect website visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:

 

(1) to send news, information about The Tourism CoLab activities and general promotional material which The Tourism CoLab believes may be useful to you;

(2) to monitor who is accessing the website or using services offered on the website; and

(3) to profile the type of people accessing the website.

 

43. If you do not wish to have your personal information used in this manner or for any  other specific purpose, you can e-mail us accordingly

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44. The Tourism CoLab utilises "cookies" which enable it to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance;

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45. The Tourism CoLab will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose that a reasonable person in your position would not expect;

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46. If you request The Tourism CoLab not to use personal information in a particular manner or at all, The Tourism CoLab will adopt all reasonable measures to observe your request but The Tourism CoLab may still use or disclose that information if it:

 

(1) subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure;

(2) believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

(3) is required by law to disclose the information.

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47. The Tourism CoLab will preserve the content of any e-mail you send us if The Tourism CoLab believes it has the legal requirement to do so.

 

48. Your e-mail message content may be monitored by The Tourism CoLab for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

 

49. Personal information which The Tourism CoLab collects may be aggregated for analysis but in such circumstances, The Tourism CoLab would ensure that individuals would remain anonymous.

 

50. All personal information which The Tourism CoLab collects (including your contact details and, if relevant, credit card details) is kept confidential to the best of its ability. You will appreciate, however, that The Tourism CoLab cannot guarantee the security of transmission.

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51. it is the responsibility of parents to monitor their children's use of our websites and The Tourism CoLab instigated online communities. Nevertheless, it is The Tourism CoLab’s policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category. 

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52. You are entitled to have access to any personal information relating to you that you have previously supplied to The Tourism CoLab over this website. You are entitled to edit or delete such information unless The Tourism CoLab is required by law to retain it;

 

53. If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on +0410 604 921 (Australia).

 

SECURITY INFORMATION

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54. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst The Tourism CoLab strives to protect such information, IT DOES NOT WARRANT and cannot ensure the security of any information which you transmit to The Tourism CoLab. Accordingly, any information which you transmit to The Tourism CoLab is transmitted at your own risk. Nevertheless, once The Tourism CoLab receives your transmission, The Tourism CoLab will take reasonable steps to preserve the security of such information;

 

SPECIFIC WARNINGS

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55. To ensure that your access to any The Tourism CoLab website or discussion forum is not illegal or prohibited by laws which apply to you;

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(1)  you must take your own precautions to ensure that the process you employ for accessing any The Tourism CoLab website or discussion forum does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, The Tourism CoLab DOES NOT ACCEPT RESPONSIBILITY for any interference or damage to your own computer system which arises in connection with your use of The Tourism CoLab websites, any linked website or The Tourism CoLab online community.

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56. That, while The Tourism CoLab has no reason to believe that any information contained on any The Tourism CoLab website or online community is inaccurate, The Tourism CoLab DOES NOT:

(1) WARRANT the accuracy, adequacy or completeness of such information;

(2) UNDERTAKE to keep its website updated; and

(3) ACCEPT RESPONSIBILITY for loss suffered as a result of reliance by you upon the accuracy or currency of the information contained on any The Tourism CoLab website or discussion forum;

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57. The Tourism CoLab may be a distributor of content on its websites. To the extent that it distributes content, The Tourism CoLab editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and The Tourism CoLab DOES NOT guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.

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58. Where the information made available over The Tourism CoLab websites or online communities contains opinions or judgments of third parties, The Tourism CoLab DOES NOT purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. The Tourism CoLab DOES NOT accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information;

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TERMINATION OF ACCESS

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59. Access to this website may be terminated at any time by The Tourism CoLab without notice. The disclaimer contained in these terms of use will nevertheless survive any such termination.

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REFUNDS

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60. A full refund will be given if The User notifies The Tourism CoLab by email within 14 days of course commencement and requests a full refund.

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GOVERNING LAW

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61. These terms and conditions are governed by the laws in force in the State of Queensland. YOU AGREE to submit to the exclusive jurisdiction of the courts of that jurisdiction.

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GENERAL

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62. The Tourism CoLab ACCEPTS NO LIABILITY for any failure to comply with these terms and conditions where such failure is due to circumstances beyond its reasonable control.

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63. If The Tourism CoLab waives any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

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64. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

LEGAL ADVICE

 

65. The Tourism CoLab advises the User to obtain independent legal advice before entering into this Agreement to be fully aware of its effects.

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INDEMNITY

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66. YOU irrevocably and unconditionally indemnify and agree to keep indemnified and hold harmless The Tourism CoLab and its respective, officers, employees, and consultants from and against any and all liability loss harm damage cost or expense, including legal fees, which The Tourism CoLab may suffer or sustain as a result of any act or omission of you or any of your officers, employees, consultants have done or omitted to be done in connection with a breach of this Agreement or any applicable law, except to the extent that the liability loss harm damage cost or expense arises from The Tourism CoLab's negligent or unlawful acts or omissions. This clause shall survive any termination or expiration of this Agreement.

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ENTIRE AGREEMENT

 

67. These terms and conditions constitute the entire agreement between The Tourism CoLab and you in respect of the use of any The Tourism CoLab website and online community and any understanding, agreement, and/or representation implied or express (made by one party to the other) not expressly included in these terms and conditions are specifically excluded.