Terms and Conditions
“Australian Public Holiday Hub” is a website located at https://australianpublicholidays.com.au (Website) which is owned and operated by MAIH Consulting Pty Ltd (ACN 621 519 195) (“MAIH Consulting”, “us”, “our” or “we”). The website is an information resource which provides information about Australian public holiday dates, school term dates and school public holiday dates (Service).
These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Website (“you” or “your”) and us.
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices, policies and disclaimers contained in this document and elsewhere on the Website (known collectively as “Terms”).
Your use of, and/or access to, the Website constitutes your agreement to the Terms. If you do not agree to the Terms, please do not use the Website or Service.
We reserve the right to amend the Terms at any time and may do so either by sending you an updated link to the revised Terms and/or by notification made via the Website. Since you are bound by these Terms, you should periodically refer to them in this document and elsewhere on the website. The revised terms will take effect on the date specified by us. By continuing to use the Website and Service after the date of change of the Terms, you will be deemed to have accepted the revised Terms.
- NATURE OF THE SERVICE
The Service is an information website called “Australian Public Holiday Hub” made available via the Website which provides information about Australian public holiday dates, school term dates and school public holiday dates. The Service may be accessible through such digital devices as may satisfy the technical requirements for doing so.
MAIH Consulting will be entitled to change the Service, from time to time, without notice to you, as a result of any number of reasons, including as a result of:
- developments, modifications or upgrades to the Service;
- repairs and maintenance in respect of the Service;
- timing, location or any other technical factors;
- general issues of accessibility or availability;
- commercial or legal reasons; and/or
- the effect or application of any laws,
and we do not have to disclose to you those reasons.
Certain parts of the Service, including certain features, may only be accessible or available (whether temporarily or permanently) subject to certain conditions or when specific requirements are met, including:
- access to a feature requires you to comply with certain prior instructions;
- failure to comply with the Terms.
For the avoidance of doubt, and notwithstanding any other matters in these Terms, we may need to remove, modify or suspend the availability of any features of the Service.
In order to use the Service you will need to have a suitable digital device and Internet access. The availability and quality of the Service, and your ability to use the Service, will depend on various factors which are outside our control, including the quality of the service provided by your Internet service provider, as well as your location, the bandwidth available, the speed of your Internet connection and the type of digital device you are using to access the Service. You are responsible for paying for any fees or charges imposed by your Internet service provider for the use of data or bandwidth to access the Service.
Notwithstanding any other matter in these Terms, we may issue notices in relation to matters relating to the Service by any means we deem appropriate, including via the Service and/or Website, or by sending you emails to the email address supplied by you.
- YOUR RESPONSIBILITIES
In relation to your use of the Service, you acknowledge and agree that:
- you will not use or rely on the Service as the case may be:
- in any manner or for any purpose that is contrary to the Terms; or
- in circumstances where a reasonable person in your position would not have so used or relied on the Service; or
- in any manner that is unreasonable or excessive given the intended purpose, attributes and capabilities of the Service as disclosed in the Terms; or
- in any manner that adversely affects the normal performance, operation of the Service, or adversely affects the reputation of MAIH Consulting and/or the Service itself, or any person associated with the Service;
- you will not violate or attempt to violate any security features of the Service, including (without limitation) as follows:
- accessing content or data not intended for you; or
- attempting to probe, scan or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures; or
- interfering or attempting to interfere with service to any network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “hacking,” “hijack” or “crashing”; or
- forging any TCP/IP packet header or any part of the header information in any email or in any posting in connection with the Service; or
- attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any part or component of the Service; or
- attempting to monitor, track or extract any Internet traffic or other data exchanged via the Service; and
- you will comply with all laws that are applicable to your use of the Service.
The Terms are effective until terminated by us, and we may terminate this agreement and your access to the Website and use of the Service at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you, indemnities given by you and all our disclaimers and limitations of liability set out in the Terms will survive termination. Further, in any such circumstances, we will have no liability to you.
- COPYRIGHT AND INTELLECTUAL PROPERTY
All content and functionality including without limitation any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, and all trade names, trade marks, service marks and other product and service names and logos in the Website (“Content”) is protected by Australian and international law, including without limitation Copyright and Trade Mark law.
We own all intellectual property rights in and to the Website and in and to the Content or use both or any of them under licence or applicable law.
When you access the Website and use the Service, you agree as follows:
- you may save a local copy of or print Content from the Website for your own personal information and to inform others about it, but you may not charge any fee for any use and all commercial use or exploitation of the Website, Service or any Content is expressly prohibited;
- any copyright notice or mark appearing on any Content must be included on any copy you make;
- you must keep all Content intact and in the same form as presented on the Website;
- you may not modify it without our prior written permission;
- you must not reproduce, republish or otherwise make available any Content on the Internet or any means including by other publicly accessible media (including without limitation newspaper, journals, television or radio) without our prior written consent; and
- you must not use the Website, Service or any of the Content for any purpose which is unlawful, prohibited under these Terms or which violates any of our rights or those of any other owner of any rights in the Content.
We expressly prohibit use of the Content in any manner other than as expressly licensed in these Terms.
Activities you must not engage in include:
- making a copy, modification, adaptation or reselling or redistributing any material on this Website;
- making any commercial use of material on this Website, unless such use is authorised in writing by us;
- making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Website;
- accessing or using of the Website by any means that is contrary to our commercial interests (including without limitation to facilitate a means of encouraging users of the Website to use another website offering services similar to those on the Website); or
- using the Website, service or any Content for any purpose which is unlawful, prohibited under the Terms or which violates any of our rights or any rights of any other person in the Content contained in the Website.
We reserve the right to undertake any legal action we deem necessary to protect our intellectual property rights. We also reserve the right to take legal action on parties who have misinformed, mislead, abused or misused any or all of the Content.
- DISCLAIMER OF WARRANTIES
Except where expressly stated, we make no representations about the currency, accuracy, suitability or reliability of any Content.
MAIH Consulting Pty Ltd trading as Australian Public Holiday Hub endeavours to take reasonable care in compiling and maintaining the information (including dates) on this website, we provide the Service and Content on a purely ‘as is’ basis without warranty of any kind and, to the maximum extent permitted by law, we expressly disclaim any and all liability and any warranties or guarantees, express or implied, regarding the Service, including, but not limited to, any implied warranties or guarantees of acceptable quality, fitness for a particular purpose or non-infringement of third-party rights not otherwise disclosed in the Terms.
Any Content made available through the Website whether it be on the Website, as an email, or any other transmission is provided as general information only. We do not warrant the accuracy, reliability, adequacy or completeness of any of the Website Content.
As a user, you acknowledge and accept that the Website content may include informational and technical inaccuracies and typographical and descriptive errors. Content published on the Website is subject to change at any time without notice and may be out of date or inaccurate at the time you view it.
We, including our employees, officers, agents and contractors and their employees, officers, partners, agents and contractors do not warrant that the function of, or access to, the Website will be uninterrupted or error free, that any defects will be corrected or that any Website or server which stores and transmits any Content will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.
You as the user will assume the entire cost of any verification, repair, maintenance or correction of any relevant content which is required.
- LIMITATION OF LIABILITY
To the full extent permitted by law, any terms, conditions or warranties in relation to the Website and any Content are hereby excluded. In so far as liability pursuant to legislation may not be excluded, such liability is limited, at our discretion, to the resupply of any service again or payment of the cost of having the service performed again, or the replacement or repair of goods or payment of the cost of having the goods replaced or repaired, as the case may be.
To the full extent permitted by law, we shall not be responsible or liable for any loss or damage howsoever caused whether under statute, in contract, tort (including negligence) or otherwise (including without limitation any direct, indirect or consequential loss or damage, loss of profits, loss of data or loss of opportunity) whatsoever connected with, or arising as a result of any person acting or refraining from acting in reliance of the Content, accessing or using the Website, Service or any associated website links, or as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of the Terms.
You agree to indemnify us including our employees, officers, agents and contractors and our related bodies corporate, and their employees, officers, partners, agents and contractors (“Indemnified”) and continue to keep the Indemnified indemnified from and against any actions, proceedings, claims, demands, costs (on a full indemnity basis including, without limitation, reasonable legal and accounting fees) brought or made against the Indemnified by any person arising in connection with your use of the Website and Service or reliance on the Content or both, or resulting from, or alleged to result from, your use of the Website and Service or reliance on the Content or both, or a breach of your representations and warranties in these Terms, or your violation of any of these Terms and from and against any damage, loss (whether personal or property, and whether direct or consequential, including without limitation consequential financial loss), cost or expense suffered or incurred by any Indemnified as a direct or indirect consequence thereof.
- THIRD-PARTIES AND WEBLINKS
This Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Australian Public Holiday Hub does not control, endorse, sponsor or approve any such third party websites or their content nor does Australian Public Holiday Hub provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
From time to time, this Website may display advertising material submitted by third parties on this website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
We do not accept any responsibility for material contained in any website linked to this Website.
If in using the Service you receive any information which is not intended for you or otherwise relates to, as one may reasonably infer, the business or internal affairs of MAIH Consulting of a confidential nature, you must not disclose that information to a third-party and must immediately notify us regarding the receipt of such information; further, upon request by us, you must forward the information to us and/or delete or remove such information that is in your possession or control.
- MISCELLANEOUS MATTERS
You may not assign or transfer any rights or obligations under these Terms, but we may, unless prohibited by law, freely assign or transfer our rights and obligations under these Terms.
If any term or condition in these Terms is held to be illegal or unenforceable, in whole or in part, by a court, such term or provision shall be severed and deemed not to form part of these Terms, and the validity of the remainder terms and conditions shall not be affected.
These Terms shall be construed in accordance with and governed by the laws of South Australia, Australia, the courts of which shall have jurisdiction in respect of any matters arising out of or in connection with the Service and these Terms.