1. About
These User Terms govern how you may access and use the website operated by SHHQ Trading Pty Ltd (ABN 17 630 394 071) ( we/us/our ) at https://schoolholidays.com.au (our website).
You may access and use our website only if you comply with these User Terms.
By accessing or using our website, you accept these User Terms and a binding agreement is created between us and you incorporating these User Terms.
2. Services
We offer various services via our website ( Services ).
To access the personalised account-based Services we offer ( Account Services ), you will first need to open a user account with us ( User Account ).
You are not permitted to access the Services if you do not comply with these User Terms. You are also not permitted to access the Account Services if you do not have a User Account or if your User Account is suspended or cancelled.
3. Marketplace Services
Our Services include providing an online marketplace that allows you to browse and buy products and services from third-party businesses and organisations via our website (Sellers).
You can access our marketplace Services with or without a User Account; however, by having a User Account, you will be able to access additional Account Services in relation to our marketplace.
Whenever you buy a product or service from a Seller using our website, you are entering into an agreement directly with that Seller. We are not a party to any agreements you enter into with Sellers.
We require Sellers to abide by strict standards in relation to the products and services they offer via our website. However, we are not responsible for:
verifying the content, condition, legality or suitability of any products and services offered by Sellers;
verifying the completeness or accuracy of information that Sellers provide on our website in relation to their products and services; or
performing background checks on Sellers (including checks on Sellers' financial situation).
You must comply with any agreements you enter into with Sellers, including any separate terms you agree to when purchasing products and services from Sellers. However, your agreements with Sellers must not contain terms that are contrary to or that conflict with these User Terms.
If you have a dispute with a Seller, you will need to resolve the dispute directly with the Seller. We do not provide any dispute resolution services in relation to the agreements you enter into with Sellers, and we are not responsible for resolving any disputes you have with Sellers about any products or services you buy from Sellers via our website.
4. User Accounts
You can open a User Account using the relevant signup process on our website. You must provide complete and accurate information when opening your User Account, and you must ensure that your User Account details are kept up-to-date at all times.
You must confirm that you accept these User Terms when opening your User Account.
You must keep the details of your User Account secret and secure, including the email and password for your User Account. You are solely responsible for the user activity that occurs in relation to your User Account. You must notify us immediately if you become aware of any suspected or actual breach of security or unauthorised use of your User Account.
Your User Account is personal to you, and you must not transfer your User Account to anyone else.
Individuals under 18 years old are not permitted to open User Accounts. You must confirm that you are 18 years or older when opening your User Account.
5. Seller Accounts
If you want to access and use our website on behalf of a Seller (or if you are an individual sole trader who is a Seller), you will need to open a separate seller account for that Seller via the relevant signup process on our website (Seller Account). Additional Seller Terms apply to Seller Accounts, which you can read here.
6. Your Content
Some features of our website may allow you to post, upload, publish, submit or transmit content such as text, photos and images (Your Content). You retain ownership of any rights you hold in Your Content.
You grant us a licence to use Your Content (including by disclosing, publishing, storing, modifying and reproducing it) for any purposes related to our website, including for the purposes of us providing the Services and developing new services and features for our website. The licence you grant to us for Your Content is non-exclusive, royalty-free, worldwide, transferrable by us, sublicensable by us and continues even if your User Account is suspended or cancelled.
You warrant to us that you are authorised to grant us a licence for Your Content and that our use of Your Content will not infringe the intellectual property rights of any third party.
We may delete or disable access to Your Content if it doesn't comply with these User Terms or if your User Account is cancelled or suspended without being in any way liable to you.
7. Our IP
All intellectual property rights embodied in our website, including all copyright materials and trademarks shown on our website, are owned exclusively by us and our third-party licensors ( Our IP ).
Nothing in these User Terms has effect to transfer any of Our IP to you or any other person.
We grant you a limited, non-exclusive, royalty-free licence to use Our IP to the extent necessary to enable you to access and use our website in accordance with these User Terms. You must not use Our IP otherwise than in accordance with this licence.
8. Privacy and Data
Our Privacy Policy explains how we collect, use, disclose, store and grant access to personal information. Our Privacy Policy does not form part of these User Terms. However, we agree that we will not apply these User Terms in a way that directly conflicts with the provisions in our Privacy Policy. You can read our Privacy Policy here.
We may create aggregated anonymised data sets of user activity in relation to our website, and you agree such data sets are exclusively our property.
9. General Restrictions
You must not do or attempt, or assist or permit anyone else to do or attempt, any of the following:
access or use our website in a manner that is unlawful or illegal;
access or use our website in a manner that is prohibited under these User Terms;
use our website in a manner that we consider socially or morally inappropriate, including by posting, uploading, publishing, submitting or transmitting any pornographic content or content that depicts graphic violence, animal abuse, use of illicit drugs or weapons, or any other content that is inciting, defamatory, denigrating or discriminatory against any group or individual;
use any automated system, software or technology (including robots, spiders, crawlers or scrapers) to access or extract data from our website for commercial purposes;
use our website to defame, harass, threaten, menace or offend any person;
use our website to interfere with in any individual’s privacy, including by posting, uploading, publishing, submitting or transmitting any private or personal information without the individual's consent;
use our website in a manner that infringes any intellectual property rights of any person, including posting, uploading, publishing, submitting or transmitting any content without the permission of the owner of that content;
using our website to send spam;
interfere with any other person's access to or use of our website;
publicly disparage us or bring our name into disrepute;
tamper with or modify our website or knowingly transmit any virus or other harmful code that may damage or interfere with our website.
10. Suspension and Cancellation of your User Account
Your User Account will continue to stay open unless it is suspended or cancelled in accordance with these User Terms.
You can cancel your User Account at any time by contacting us at [email protected] or by using the account deactivation feature in the online settings for your User Account, in which case we will promptly cancel your account after receiving a notification from you.
We may suspend or cancel your User Account at any time with or without notice if you fail to comply with any of these User Terms. Our decision to suspend or cancel your User Account is at our absolute discretion. If we suspend your account and give you a notice requesting you to rectify your non-compliance, we may cancel your account if you do not rectify your non-compliance within the timeframe we specify.
The suspension or cancellation of your User Account does not result in termination of these User Terms, which continue to operate in full force and effect.
11. Notices
We may give any notices permitted or required under these User Terms by sending an email to the email address associated with your User Account. We are not required to give notices by any other means unless required by law to do so.
12. Liability
To the extent permitted by law, we do not make any warranties to you whatsoever in relation to our website.
To the extent permitted by law, we will not be liable to you for any direct or indirect loss (including consequential loss) or costs suffered or incurred by you in relation to your access or use of our website (including the Services), including in relation to any failure or technical issues that limit or prohibit such access or use.
To the extent permitted by law, and despite any security measures we employ, we will not be liable to you for any direct or indirect loss (including consequential loss) or costs suffered or incurred by you as a result of any unauthorised access to or use of your User Account or Your Content by any person.
You indemnify us and our officers, employees, agents, and related companies against any losses and costs (including legal costs on an indemnity basis) suffered or incurred by any of them in relation to any third-party claims:
that your access to or use of our website infringes the rights (including intellectual property rights) of any person or constitutes any other form of unlawful conduct; or
that our use of Your Content in accordance with these User Terms infringes the intellectual property rights of any person.
13. Entire Agreement
These User Terms (and any additional terms that may apply to you if you have a Seller Account) represent the entire agreement between us and you in relation to your access to and use of our website.
14. No waiver
Any failure by us to exercise, delay in our exercising or partial exercising of any power, right or remedy under these User Terms does not constitute a waiver.
15. Severability
Any provision of these User Terms may be:
read down to the minimum extent necessary to achieve its validity, if applicable; and
severed from these User Terms in any other case without invalidating or affecting the remaining provisions of these User Terms.
16. Assignment
You must not assign or novate your rights or obligations under these User Terms.
We may assign and novate our rights and obligations under these User Terms to any third party at any time.
17. Relationship
Nothing in these User Terms may be construed as creating a relationship of joint venture, partnership, principal and agent or trustee and beneficiary.
18. Governing Law
These Seller Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia, in relation to any matters or disputes arising out of or in relation to these User Terms.
19. Variations
We may vary these User Terms and the Services from time to time with or without prior notice to you. You should check our website to find the most up-to-date User Terms and for information about the current Services we offer.
Date of release: June 3d, 2019
