Please read these Terms and Conditions carefully before using the Site
- Who we are and how to contact us
The website www.daydreamisland.com (the Site) is operated by CCIG Investments Pty Ltd (ACN 602 89 145) (CCIG) and each of its group companies from time to time (we, us and our).
To contact us, please email us at [email protected] or telephone our customer service line on 1800 075 040, or +61 7 4948 8488 if calling from outside Australia, during business hours (9am to 4pm Monday to Friday).
- By using our site you accept these terms
- use the Site;
- join as a member of the Daydreamer Club;
- make any enquiries through the Site; or
- make any booking or purchase through the Site.
Where you purchase make a booking or purchase a product on our Site or over the phone, you confirm that you accept our Booking Terms & Conditions (available at https://www.daydreamisland.com/terms-conditions).
From time to time we may invite you to participate in feedback surveys, online surveys and/ or focus groups.
If you do not agree to these terms, you must not use our Site.
The Terms must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
- We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
- We may make changes to our site
We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
- We may suspend or withdraw our site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.
We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Without limiting the foregoing, we reserve the right to restrict, suspend or terminate without notice your access to the Site, or any features of the Site, at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. These terms will nevertheless survive any such termination.
If we believe, in our absolute discretion, that you are in breach of these terms, we may take any action that we deem is reasonably necessary to remedy such breach or protect the Site in the circumstances, including without limitation:
- suspending or terminating your registered account and access to the Site;
- removing any content uploaded by you to the Site; and
- commencing legal proceedings to prevent you from using the Site.
- Eligibility to use our site
Our Site is directed to users who are at least 18 years old and are residing in and using the Site within Australia. We do not represent that content available on or through our Site are appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
- Daydreamer Club services
CCIG will provide the “Daydreamer Club” for all users who sign up to the Daydreamer Club on our Site.
Use of the Site is free, however where prices are quoted on our Site or communications then such prices are inclusive of GST. Please note delivery fees for products are not included in this membership fee.
We provide Daydreamer Club members with a range of membership benefits including discounts and access to third party / supply partner offers. These can be suspended at management discretion at any time.
Daydreamer Club membership benefits, terms and conditions may be amended or revoked at our discretion.
You acknowledge that the products and services available under the Daydreamer Club may be modified by us from time to time (including, without limitation, any pricing).
- Account registration
In order to access areas of the Site that require registration by becoming a registered members, or to register as a member of the Daydreamer Club, you will be required to register an account with us using your email address.
In registering your account with us to access the Daydreamer Club, you acknowledge and agree that:
- the email address you register with will be your email address;
- you are solely responsible for all activities that happen under your account;
- you will not provide any false personal information to us, or create an account for anyone other than yourself without that person’s express permission; and
- you will not create more than one personal account.
- Changes to your membership details
Your Daydreamer Club membership details can be changed by you online via your member login.
- Daydreamer Club cancellation
You can also cancel your Daydreamer Club membership online via the login portal, by emailing [email protected] or contacting our team on 1800 075 040, or +61 7 4948 8488 if calling outside Australia, during business hours (9am to 4pm Monday to Friday). We reserve the right to suspend or cancel your Daydreamer Club membership and associated emailers at any time in our absolute discretion (including without limitation where you have breached these terms), provided that we give you prior notice of such suspension or cancellation.
- Delivery areas
If deliveries of products to you are required in connection with our products and services (including the Daydreamer Club), such deliveries will only occur in the existing delivery network of Australia.
- You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of registering your account with us or our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected] or on 1800 075 040, or +61 7 4948 8488 if calling outside Australia, during business hours (9am to 4pm Monday to Friday).
- How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
- Do not rely on information on the site
This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the Site, including without limitation as to accuracy, timeliness, availability or completeness.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date, nor do we undertake to keep information on the Site updated.
- We are not responsible for websites we link to
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
- User-generated content
The Site may include information and materials uploaded by users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
This Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, order forms and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Site.
All User Contributions must comply with the content standards set out in “Content Standards” clause of these terms.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards in the “Content Standards” clause of these terms.
You are solely responsible for securing and backing up your content.
Where the Site permits User Contributions you represent and warrant that:
- you own or control all rights in and to your User Contributions and have the right to grant the licence granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
- all of your User Contributions do and will comply with these terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us at [email protected] or on 1800 075 040, or +61 1800 075 040 if calling outside Australia, during business hours (9am to 4pm Monday to Friday).
- Content standards
The content standards in these terms apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. When you submit User Contributions, including when you provide content or participate in any interactive forum on the Site, you must conduct yourself in a dignified and respectful manner. Any language, conduct or behaviour deemed inappropriate will be reported to us and we may terminate your account or membership. In particular, you warrant that your User Contributions will not:
- contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
- be likely to deceive any person;
- promote any illegal activity, or advocate, promote or assist any unlawful act;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards in this clause.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Limitation of liability
In no event will we, our affiliates, group companies or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, group companies, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to, your User Contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.
Details contained in the Site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details in the Site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Site.
All information contained in the Site is general in nature and does not constitute financial advice. Before entering into any transaction or making any decision in connection with any purchase or sale of financial products (or similar) on the Site, we recommend you obtain independent advice to take into account your particular objectives, financial situation and individual needs.
In addition, please refer to the limitations and exclusions of liability applying to as a result of any bookings or products purchased by you, which are set out in our Booking Terms & Conditions at https://www.daydreamisland.com/terms-conditions.
- We are not responsible for viruses
We do not guarantee that our Site will be secure or free from bugs or viruses. We are not liable to you or anyone else if interference with or damage to your computer system and/or mobile device occurs in connection with the use of the Site, except where liability is made non-excludable by legislation. You must take your own precautions to ensure that whatever you select for your use from the Site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems and/or mobile device.
You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
- Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in the “Content Standards” clause.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above, please contact us at [email protected] or on 02 9474 7400, or +61 2 9474 7400 if calling from outside Australia, during business hours (9am to 4pm Monday to Friday).
- Our Trade Marks
”Daydream Island” and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under these terms. Other names, logos, product and service names, designs and slogans on the Site are the trade marks of their respective owners and are used by us under licence.
- Prohibited uses
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in the “Content Standards” clause of these terms;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our absolute discretion, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
- manipulate or interfere with any reviews, posts, information or other content posted by other users on the Site;
- attempt to circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- bypass measures we may use from time to time to prevent or restrict access to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Online booking
All purchases through our Site or other transactions for the sale of travel products formed through the Site or as a result of visits made by you are governed by our Booking Terms & Conditions located at https://www.daydreamisland.com/terms-conditions, which are incorporated into these terms.
- Governing law
These terms, their subject matter and their formation, are governed by the laws of Queensland, Australia. You and we both agree that the courts in Queensland, Australia will have non-exclusive jurisdiction.
- Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.