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BRISBANE AIRPORT ONLINE SERVICES
1. Application of these Terms of Use
Brisbane Airport Corporation Pty Ltd (ACN 076 870 650) (BAC, we, our, us) owns and operates certain websites and online services including:
(a) the parent site at: http://bne.com.au/ and other sites associated with our business and operations;
(b) mobile operating applications such as online applications for mobile devices; and
(c) e-mail subscription services,
that we may offer from time to time (together Online Services). We provide the Online Services as a venue for members of the public and other users (Users) to access and share information. Some Online Services are restricted to registered Users. Your (you, your) access and use of our Online Services and the features and services available on them is governed by these terms of use (which include our Privacy Policy and any privacy or similar notice displayed when accessing and/or using any feature on our Online Services) together with any additional terms and conditions displayed on the Online Services (Terms of Use). You indicate your acceptance of the Terms of Use when you access an Online Service. To the extent of any conflict between these Terms of Use and our Privacy Policy, these Terms of Use will apply.
Subject to and in accordance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, revocable licence to use our Online Services.
You acknowledge that the Online Services are licensed to you and that no ownership rights in the Online Services pass to you and that you must use the Online Services in accordance with these Terms of Use.
We reserve the right to suspend, terminate or otherwise deal with your licence in relation to the Online Services at any time.
You acknowledge and agree that your access to and use of the Online Services will be at your own risk.
2. Changes to Terms of Use
If we change the Terms of Use we will publish an updated version under the ‘Terms of Use’ link accessible on the Online Services. Your access or use of an Online Service after an updated version of the Terms of Use has been made available indicates your acceptance of the Terms of Use as changed by us.
3. Accounts and passwords
If you create an account for using any of the services or features available on an Online Service, you are responsible for all use of your username and/or password and must keep your username and/or password for that account confidential and secure from unauthorised access and/or use.
4. Your Content
The Online Services may provide you with the ability to upload and publish materials including text, images, information, comments and other data (whether via email, comment, post, blog, enquiry or by any other means) to or through the Online Services (Content).
You retain ownership of any Content you upload and publish (Your Content).
Other Users retain ownership of any Content they upload and publish (User Content).
5. Responsibility for Your Content
You acknowledge and agree that:
(a) you own or have obtained all necessary rights to use and publish Your Content on the Online Services;
(b) you create and provide Your Content at your own risk;
(c) you can choose to share, publish or send Your Content via social media (such as Facebook and Twitter) and/or your personal email and messaging utilising the links available in the Online Services, in which case:
(i) Your Content will also be subject to the terms and conditions applicable to those media and services; and
(ii) we will not be responsible for any use any third party makes of Your Content;
(d) you are personally responsible and liable for Your Content;
(e) you are not entitled to any payment from us in respect of Your Content or our use of it;
(f) we are not obliged to use, maintain or display Your Content on the Online Services;
(g) Your Content does not contain any confidential information and may be seen by others;
(h) we may use Your Content to publicise and promote us and our Online Services; and
(i) we may, but have no obligation to, publish your name on the Online Services.
6. Prohibitions on Your Content
Your Content must not include anything which:
(a) you do not have the right to disclose or make available under law or an obligation you have to a third party (such as confidentiality agreements); or
(b) reveals another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses; or
(c) infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks) of others; or
(d) is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal or prohibited by the terms and conditions of any of the services or media via which you choose to share, publish or send Your Content.
7. Our use of Your Content
(a) By submitting Your Content through any of the Online Services, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive, worldwide, licence to use, reproduce, modify, distribute, broadcast, sublicense and/or otherwise exploit part or all of Your Content in any medium (including but not limited to the Online Services), by any means and for any purpose (including commercial purposes), and to authorise others to do so and you acknowledge you own or have obtained all necessary rights in Your Content to grant this licence.
(b) You acknowledge and agree that we, our successors, assignees and licensees may do or omit to do anything to Your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, with or without acknowledgement of authorship, in perpetuity throughout the world.
8. Monitoring, modification and removal of Content
(a) We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with Your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on any of the Online Services.
(b) We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content, Your Content or User Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false, offensive or otherwise illegal material (including in Your Content), we may remove such material without notice to you.
9. Interactions with other Users
You acknowledge that it is possible that other Users may not comply with the Terms of Use, and could post Content which breaches our Terms of Use.
You should be careful when communicating with and interacting with other Users of the Online Services.
You agree to indemnify and hold us harmless in connection with any actions of any other User and any dispute or claim that you may make against any other User, irrespective of that action, dispute or claim relating to the use of any of the Online Services.
Nothing in these Terms of Use authorises you to defend, compromise or settle any claim or proceeding on our behalf.
10. Updates and New Releases
(a) We may make available updates for the Online Services that may incorporate:
(i) corrections of defects;
(ii) fixes of minor bugs; and
(iii) at our sole discretion, enhancements to the Online Services.
(b) You may accept and use any update that we make available by downloading or accessing the update.
11. No illegal use
You must not:
(a) use any of the Online Services in any manner or for any purpose which is prohibited by any laws or our Terms of Use;
(b) modify, copy, publish, frame, distribute, upload, post, cache (other than as incidental to use of the Online Services), mirror or otherwise replicate, reproduce or communicate any part of our Online Services;
(c) attempt in any way, directly or indirectly, to gain unauthorised access to our Online Services or content on our Online Services, including by means of data extraction or hacking tools (including data mining, spiders and robots) or other methods of data gathering, monitoring, extraction or use;
(d) use our name or other intellectual property without our express and specific written consent, whether or not by means of metatags or any other invisible or hidden text; or
(e) introduce any virus into our Online Services or network, or otherwise undermine the integrity of, damage or disrupt our Online Services, including its availability, format and content, or our network.
12. Our Content
(a) You acknowledge that all materials displayed on or communicated through the Online Services, including without limitation all text, graphics, advertisements, names, logos and trademarks (whether registered or not), information and newsletters (Our Content) are our property or the property of their respective owners (including other Users) and are protected by copyright, trademark and other intellectual property laws.
(b) You may use Our Content for your personal purposes. Except where the law expressly permits, you may not otherwise in any form or by any means, use, reproduce, modify, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.
(c) Our Content has been compiled for your convenience and may include information sourced from third parties. Whilst we take reasonable precautions to ensure content is correct and up to date, to the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content or User Content and have no liability to you for your use or reliance on Our Content or User Content.
13. Outbound links
The Online Services may:
(a) contain links to;
(b) or allow you to share, post or send Your Content or other content and information via, third party websites, applications or services, including social media channels like Facebook, and Twitter, your personal email account or messaging and chat applications like Zendesk, which in turn may contain hyperlinks to further third party websites, applications or services (collectively Linked Services).
Access to Linked Services is provided for convenience only, and you are responsible for evaluating whether you want to use a Linked Service.
You acknowledge that:
(a) when accessing and using any Linked Services, you will be subject to their terms and conditions of use;
(b) we do not control or endorse and we are not responsible for any features, content, products or other materials on or available from a Linked Service;
(c) we are not a party to your relationship with the owners, operators or other users of a Linked Service;
(d) any rights, claims or actions you may have in respect of a Linked Service or its use may only be brought directly against the owners, operators or other users of the Linked Service; and
(e) we may receive payments and/or commissions from owners or operators of Linked Services and you will not have any claims, benefits or rights on these payments.
14. Purchase of services
When you purchase any services that are offered through our Online Services (such as parking bookings) (Services), you agree to abide by the terms and conditions applicable to that Service and any associated Linked Services, including but not limited to the obligation to pay any applicable fees.
15. Australian Consumer Law
Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of the Online Services, including rights arising from any statutory guarantee, nothing in the Terms of Use operates to exclude them.
16. Liability and indemnity
In this paragraph 16:
“Excluded Loss” means indirect, economic, special or consequential loss or damage, loss of revenue, time, goodwill, data, anticipated savings, opportunity, business reputation or future reputation, loss of production, and loss of profit.
Subject to paragraph 15, and to the extent the law permits, neither we, nor our directors, officers, agents, employees or contractors are liable to you or any other person, and you indemnify and hold us harmless in respect of, any and all claims, losses damages and expenses including for any direct, indirect or Excluded Loss or damage however, arising (whether in negligence or otherwise) in connection with:
(a) your failure to comply with the Terms of Use; or
(b) your use, misuse or reliance on the Online Service, Our Content or User Content; or
(c) Your Content, including its use, misuse or misappropriation; or
(d) our use, misuse or reliance on Linked Services; or
(e) any acts or omissions by you.
17. Sites Disclaimers
Subject to paragraph 15 and to the extent the law permits:
(a) you acknowledge that your use of the Online Services, Our Content, Your Content, User Content and Linked Services, is entirely at your own risk and are provided without warranty, either express or implied.
(b) we do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of the Online Services. Although reasonable precautions have been taken, we do not guarantee the Online Services will be continually available or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Online Services.
18. Termination
The Online Services licence is effective until terminated by you or us. Your rights under this licence will terminate automatically without notice from us if you fail to comply with these Terms of Use or you delete the Online Services from all mobile devices upon which the Online Services are installed and iTunes on your personal computer.
19. Privacy
You may be asked to input information about yourself on different areas of the Online Services. If we collect personal information from you, we will only use that personal information in accordance with our Privacy Policy and any additional terms and conditions displayed on the Online Services.
20. Jurisdiction
The Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts in that place.
21. Additional Terms that Apply to Apple Users
If you are using our Online Services that have been downloaded from Apple’s iTunes Store or App Store, the following additional terms apply to your use of those Online Services:
(a) You acknowledge that these Terms of Use are concluded between you and us only, and not with Apple Inc (Apple) and that we and not Apple, are solely responsible for our Online Services and their content.
(b) If there are any third party claims relating to intellectual property rights regarding the Online Services, we will be solely responsible, and not Apple, for the investigation, defence, settlement and discharge of any such claim.
(c) Subject to paragraph 15 and to the extent the law permits:
(i) we are solely responsible for providing maintenance and support services with respect to the Online Services. Apple is not responsible for any maintenance or support in connection with the Online Services.
(ii) to the maximum extent permitted by law, Apple will have no guarantee or warranty obligation whatsoever with respect to the Online Services, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our sole responsibility, subject to these Terms of Use.
(iii) we and not Apple, are responsible for addressing any of your claims or any third party claims relating to the Online Services including, but not limited to:
(A) product liability claims;
(B) any claim that the Online Services fails to conform to any applicable legal or regulatory requirement; and
(C) claims arising under the ACL or similar legislation.
(d) All complaints and claims should be directed to us in accordance with paragraph 22 of these Terms of Use.
(e) You warrant that you are:
(i) not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
(ii) that you are not listed on any US Government list of prohibited or restricted parties.
(f) You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary.
22. Our Contact Details
If you have any queries or complaints about any of our Online Services, please contact us.
Brisbane Airport Corporation
PO Box 61
Hamilton Central QLD 4007
Phone: (07) 3406 3000