The functionality on this website, mobile website and application (Website) is provided by Destination NSW (ABN 52 890 768 976) of Level 2, 88 Cumberland Street, Sydney NSW 2000 (Destination NSW).
Where references in these Terms and Conditions is made to “we”, “us”, “our” or "Vivid Sydney", then that is a reference to Destination NSW.
1. Permitted Use
You agree to use the Website solely for your own personal, non-commercial use and agree: (a) not to use the Website in connection with commercial endeavours other than those endorsed or approved by us; (b) not to use the Website for an activity which could be deemed to be defamatory or abusive, in the furtherance of any threatening behaviour or for the purpose of distributing harmful material (including any material that is obscene, indecent, unlawful, defamatory, libellous or racist); (c) not to use the Website for the purpose of, or to obtain any other user’s data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party; (d) not to upload or post to the Website any audio, video, images, information, material or other content (Content) of any kind other than of a personal nature, provided that you agree not to upload or post any Content containing nudity, or depicting or in any way dealing with any obscene, lewd, violent, harassing, sexually explicit or other objectionable subject matter; (e) not to upload or post to the Website any Content that would constitute, encourage the commission of, or provide instructions for, a criminal offence or any other unlawful activity; (f) not to upload or post to the Website any Content that would violate the rights (including intellectual property rights and rights of confidentiality and privacy) of any party, that creates liability for either us or you, or violates any local, state, national or international law; (g) not to upload or post to the Website any content that is offensive, defamatory or which in our judgement, is objectionable or which restricts any person from enjoying the Website; (h) not to register for a user name and password or create an account to use this Website for anyone other than yourself; and (i) not to impersonate any person or entity or falsely misrepresent yourself.
2. Minimum Age
You warrant that you are over the age of 13.
3. Use of Content
With respect to the Website, you acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the site that is not your User Content. You agree that where required by law, we shall be entitled to deliver or provide access to any content, information or other materials uploaded or posted by you (User Content) and any related data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.
4. Intellectual Property
The Intellectual Property may only be used or reproduced by you for non-commercial personal use. No part of this website or Intellectual Property may be used or reproduced by you for any commercial purposes whatsoever without our prior written consent.
All User Content uploaded, posted or submitted to the Website by you as User Content will as between you and us, be your property, and you hereby grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, perform, copy, modify, adapt, distribute and communicate that User Content as we deem appropriate (which shall include the right to make that User Content available to any third party on any terms and for any reason). You must not upload, post or submit to the Website any content that would infringe the intellectual property rights of any other person. By uploading, posting or submitting any User Content to this Website, you represent and warrant to us that you have the authority to licence all intellectual property rights granted to us under these Terms and Conditions.
5. Confidential Information
Your use of this Website is exclusively at your own risk.
This Website and the Content contained herein, is made available for information purposes only. We do not give any assurances, warranties or representations of any kind, whether express, implied, statutory or otherwise, as to the accuracy, completeness or legitimacy of this Website’s content.
7. Third Party Material
This Website may contain links to content or websites operated by third parties (Third Party Links). Unless otherwise indicated, these Third Party Links are provided for convenience only and are not controlled, endorsed by, sponsored or approved by us. Any use of Third Party Links is at your own risk and we will not be liable to you, or any third party, for your use of these Third Party Links.
9. Data Matching
“Data matching” means the bringing together of at least two data sets that contain personal information, and that come from different sources, and the comparison of those data sets with the intention of producing a match. DNSW may from time to time utilise Google’s Customer Match technology (a data matching tool) to provide a service to you whereby offers are geared to your personal preferences. Accordingly, DNSW may share your personal information with Google’s Customer Match platform in order to undertake data matching. In the course of data matching, your personal information remains protected through the use of a one-way hashing mechanism that cannot be encrypted. Personal information that DNSW shares with Google, including email addresses, will be hashed against Google’s database of hashed users, without Google ever seeing the unhashed data. By continuing to use this site, you consent to DNSW sharing your personal information with Google for data matching purposes. If you would not like DNSW to use your personal information for data matching, you can request such by contacting DNSW on +61 02 9931 1111. For more information on Google’s Customer Match platform visit: https://support.google.com/adwords/answer/6334160
“Pixels” means the use of use of pixels (1 x 1 pixel images that allow services to tell companies how many people have visited their site). When you take a certain action on our website, a request is sent to the server to download the tracking pixel attached to the content you’re interacting with. It’s an invisible process to you but the data collected will help us and our Sponsors build better digital ad and content experiences for you. All information collected is de-identified and we will never collect or disclose any personal information.
With respect to the Website, to the maximum extent permitted by law, we exclude all liability to you however arising (including negligence) under or in relation to the Website, the Content, the use of the Website, or these Terms and Conditions, including but not limited to loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings, loss of goodwill or for any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or which may arise directly or indirectly under or in relation to the Website or these Terms and Conditions.
With respect to the Website, you agree to indemnify and keep us indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by us as a result of: (a) our possession, processing, use, storage, retrieval or communication of the User Content uploaded or posted by you or any related data, documentation or records supplied by you; (b) any breach by you of these Terms and Conditions; or (c) to the extent permitted by law, your use of the Website.
We can suspend or terminate the operation of this Website at any time and for any period at our absolute and sole discretion.
16. Holiday Planner