1. About the Website

1.1. Welcome to www.airliebeachrestaurants.com.au (the ‘Website’). The Website provides food and beverage establishment information, menus, and photography for the Whitsunday Region (the ‘Services’).

1.2. The Website is operated by Airlie Beach Restaurants (ABN 73 324 671 529). Access to and use of the Website, or any of its associated Products or Services, is provided by Airlie Beach Restaurants. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.3. Airlie Beach Restaurants reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Airlie Beach Restaurants updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Airlie Beach Restaurants in the user interface.

3. Copyright and Intellectual Property

3.1. The Website, the content, and all of the related products of Airlie Beach Restaurants are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video, images, audio clips, website code, scripts, design elements, and interactive features) are owned or controlled for these purposes and are reserved by Airlie Beach Restaurants or its contributors.

3.2. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Airlie Beach Restaurants, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user to:

• (a) use the Website pursuant to the Terms;

• (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

• (c) printpages from the Website for your own personal and non-commercial use.

Airlie Beach Restaurants does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Airlie Beach Restaurants.

3.3. Airlie Beach Restaurants retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

• (a) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or

• (b) right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or

• (c) system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.

3.4. You may not, without the prior written permission of Airlie Beach Restaurants and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

4. Privacy

Airlie Beach Restaurants takes your privacy seriously. Any information provided through your use of the Website and/or content is subject to Airlie Beach Restaurants’ Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2. Subject to this clause 5, and to the extent permitted by law:

• (a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and

• (b) Airlie Beach Restaurants will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3. Menu & Pricing Accuracy: Airlie Beach Restaurants acts as an advertising and information platform. We display menus and pricing provided by third-party restaurants. While we endeavour to keep this information updated, restaurants may change prices, ingredients, or menu items without notice. Airlie Beach Restaurants does not guarantee the currency of prices or menu items displayed on the Website. You should verify all prices and availability directly with the venue.

5.4. Allergy & Dietary Warning: The Website may display dietary claims (e.g., “Gluten Free”, “Vegan”, “Nut Free”) based on information provided by venues. Airlie Beach Restaurants does not verify these claims. It is the sole responsibility of the user to confirm ingredients and potential cross-contamination risks directly with the restaurant staff before consuming any food or beverage. Airlie Beach Restaurants is not liable for any adverse reactions, allergies, or illness arising from reliance on information found on this Website.

5.5. Use of the Website and the content is at your own risk. Everything on the website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Airlie Beach Restaurants make any express or implied representation or warranty about the content or any products or content (including the products or content of Airlie Beach Restaurants) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

• (b) the accuracy, suitability, or currency of any information on the Website, the content, or any of its content-related products;

• (c) costs incurred as a result of you using the Website, the content, or any of the products of Airlie Beach Restaurants;

• (d) the content or operation in respect to links which are provided for your convenience.

6. Limitation of Liability

6.1. Airlie Beach Restaurants’ total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

6.2. You expressly understand and agree that Airlie Beach Restaurants, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

6.3. You acknowledge and agree that Airlie Beach Restaurants holds no liability for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you as a result of providing your content to the Website.

7. Termination of Contract

7.1. If you want to terminate the Terms, you may do so by ceasing your usage of the Website.

7.2. Airlie Beach Restaurants may at any time, terminate the Terms with you if:

• (a) you have breached any provision of the Terms or intend to breach any provision;

• (b) Airlie Beach Restaurants is required to do so by law;

• (c) the provision of the Services to you by Airlie Beach Restaurants is, in the opinion of Airlie Beach Restaurants, no longer commercially viable.

7.3. Subject to local applicable laws, Airlie Beach Restaurants reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Airlie Beach Restaurants’ name or reputation or violates the rights of anotherparty.

8. Indemnity

8.1. You agree to indemnify Airlie Beach Restaurants, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

• (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content;

• (b) any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or

• (c) any breach of the Terms.

9. Dispute Resolution

9.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2. Notice: A party to the Terms claiming a dispute has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

9.3. Resolution: On receipt of that notice by that other party, the parties to the Terms must:

• (a) Within 14 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

• (b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties musteither agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;

• (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

• (d) The mediation will be held in Queensland, Australia.

9.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

9.5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction

The Services offered by Airlie Beach Restaurants are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

11. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shallbe binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.