Application, variation and termination of these Terms and Conditions

These Terms and Conditions govern the website operated and provided by Eventide 4 Pty Ltd (ACN 635 879 088) (Aquaplay Rottnest)

Any use of Aquaplay Rottnest’s website by you constitutes acceptance of these Terms and Conditions.

Aquaplay Rottnest may at any time, in its sole discretion, amend, vary or modify these Terms and Conditions without notice.

Modifications to these Terms and Conditions will be effective immediately and any subsequent use by you of this website will constitute your acceptance of the modifications and the then-current terms and conditions of use of this website.

Aquaplay Rottnest may, without notice, terminate or suspend this website or any part of the website at any time.

Privacy

Any personal information received by Aquaplay Rottnest will be collected and disclosed in accordance with Aquaplay Rottnest’s Privacy Policy (as updated from time to time and available here).

Disclaimer and Liability

While Aquaplay Rottnest provides the website and its contents in good faith, Aquaplay Rottnest does not accept liability or responsibility for any content or material on this website, including for the accuracy, completeness, authenticity, reliability or timeliness of the content;

Aquaplay Rottnest does not represent or warrant that this website, any files obtained from or through this website are free from harmful code, computer viruses or other defects;

To the extent permitted by law, Aquaplay Rottnest expressly excludes all conditions and warranties (including warranties as to merchantability, non-infringement of intellectual property or any other rights or fitness for a particular purpose), guarantees, rights and remedies, liabilities and other terms that may be implied by custom, statute or common law in relation to any information or materials on this website or any websites linked to this website; and

Aquaplay Rottnest is not liable for any consequential losses (including any loss of revenue or profits, loss of anticipated savings, loss of data, loss of value of equipment, any penalties or fines imposed by a regulator and any loss that is indirect loss) that you suffer or for any costs, damages, expenses, loss or charges that you incur as a result of your use any information or materials on this website or any websites linked to this website.

Intellectual Property

Intellectual property rights (including any copyright, trademark rights) in the content on this website, vests in Aquaplay Rottnest, subject to any third party rights.

Nothing contained on this website is to be construed as granting a licence to use any content on this website. You may not use, reproduce or modify any content displayed on this website including Aquaplay Rottnest’s logo or trademark/s without Aquaplay Rottnest’s written consent.

You may not pass off content from this website as your own. This includes the practice of ‘Framing’ this website within another website as well as copying and re-using parts of the website.

Linking to other websites

This website may contain links to other websites. Aquaplay Rottnest does not warrant approve of or accept any liability or responsibility for any such websites. Access to these websites is at your own risk.

Guidelines for linking to this website

You are welcome to put links on your website pointing to the Aquaplay Rottnest’s website. In such case we request that you adopt the following guidelines for linking:

Links to Aquaplay Rottnest’s site should usually be to the home page, i.e. https://www.aquaplayrottnest.com.au. Linking to other parts of the site poses some risk, as the page or service to which you link may move or become unavailable.

The correct name for the website is Aquaplay Rottnest.

Aquaplay Rottnest’s logo and its variants are subject to copyright. They may only be used with written permission from Aquaplay Rottnest.

Cookies and other features of our website

This website uses cookies to identify visitors to this site, gather statistical information, store user preferences, activity, and session information. Aquaplay Rottnest uses cookies to improve security, enhance website functionality and improve its services. By using this website, you are consenting to Aquaplay Rottnest’s use of cookies on your device.

You can disable cookies in your browser settings. However, adjusting these settings may affect the functionality of this website.

Information stored in cookies can include:

  • The identity of the page or services you are requesting;
  • The type of browser or operating system in use;
  • Time and date of access; and
  • The internet address of the website from which you navigated from to reach our website.

Cookies do not store personal information such as:

  • your name
  • email addresses
  • phone numbers

Aquaplay Rottnest uses web analytics and session recording technology provided by third party service providers such as Google Analytics and Facebook. These services use cookies to assist us to understand how visitors access and utilise our site. For more information see Aquaplay Rottnest’s Privacy Policy (as updated from time to time and available here).

Aquaplay Rottnest also uses JavaScript, which is a programming language that helps our website work. In order to use our website, we recommend that you have JavaScript enabled in your browser settings. To enable JavaScript in your browser, follow the instructions for your browser version.

Governing Law

The laws of the State of Western Australia, Australia govern these Terms and Conditions and any agreement formed under them. You and Aquaplay Rottnest irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Western Australia, Australia.