Terms of Service

Last Updated: May 1, 2023

Welcome to Holodnaya Kilika Tourism. Please read these Terms of Service ("Terms") carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Holodnaya Kilika Tourism website, you agree to comply with and be bound by these Terms.

If you do not agree to these Terms, please do not access or use our website.

1. Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other applicable laws and regulations. If you are using the website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Modifications to Terms

We reserve the right to modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of the website after any changes indicates your acceptance of the modified Terms. We encourage you to review these Terms periodically to stay informed about our rules and policies.

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes and in accordance with these Terms. You agree to use the website in a way that does not infringe upon the rights of or restrict the use and enjoyment of the website by any third party.

3.2 Prohibited Use

You agree not to use the website:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit or procure the sending of any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate Holodnaya Kilika Tourism, a Holodnaya Kilika Tourism employee, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website
  • To attack the website via a denial-of-service attack or a distributed denial-of-service attack
  • To collect or harvest any information from the website, including email addresses, without our permission

4. Intellectual Property Rights

4.1 Ownership

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Holodnaya Kilika Tourism, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 License to Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for personal, non-commercial purposes. This license does not include:

  • Republishing, reproducing, distributing, displaying, posting, or transmitting any part of the website
  • Selling, renting, or sub-licensing material from the website
  • Reproducing, duplicating, copying, or exploiting the website for any commercial purpose
  • Using data mining, robots, or similar data gathering and extraction methods
  • Downloading (other than page caching) any portion of the website, except as expressly permitted

5. User Contributions

Our website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the website.

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

5.1 Content Standards

User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
  • Be likely to deceive any person
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

6. Booking and Reservation Policies

When making a booking or reservation through our website, you agree to the following:

6.1 Accuracy of Information

You warrant that all information provided during the booking process is accurate and complete. Providing false or inaccurate information may result in cancellation of your booking.

6.2 Payment and Fees

You agree to pay all fees and charges incurred in connection with your booking at the rates in effect when the charges were incurred. All fees and charges are non-refundable unless otherwise specified in our Cancellation Policy.

6.3 Cancellation Policy

Cancellation policies vary depending on the type of service booked. Specific cancellation terms will be provided at the time of booking. Refunds, if applicable, will be processed according to the stated policy.

7. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER HOLODNAYA KILIKA TOURISM NOR ANY PERSON ASSOCIATED WITH HOLODNAYA KILIKA TOURISM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

8. Limitation of Liability

IN NO EVENT WILL HOLODNAYA KILIKA TOURISM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Indemnification

You agree to defend, indemnify, and hold harmless Holodnaya Kilika Tourism, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of Australia or the courts of New South Wales.

11. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Waiver

No waiver by Holodnaya Kilika Tourism of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Holodnaya Kilika Tourism to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Holodnaya Kilika Tourism with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Holodnaya Kilika Tourism
123 Tourism Avenue
Sydney, NSW 2000
Australia

Phone: +61 2 1234 5678
Email: [email protected]