Website terms of use

SkyCity Adelaide Pty Ltd ACN 082 362 061 (“SkyCity”) owns and operates this website (“Website”). Access to and use of this Website, and the products and services available through this Website (collectively, “Services”) is subject to the following terms, conditions and notices (“Terms of Use”). By using the Services, you agree to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use

SkyCity reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions (as amended).

Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

Linked sites

This Website may contain links to other websites (“Linked Sites”), which are not operated by us. SkyCity has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Prohibitions

You must not misuse this Website. You will not:

  • commit or encourage a criminal offense;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service, corrupt data or cause annoyance to other users;
  • infringe upon the rights of any other person's proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Breaching this provision would constitute a criminal offense and SkyCity will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of SkyCity or its relevant licensors and are protected by copyright laws. All such rights are reserved by SkyCity and its respective licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer & Limitation of Liability

  • Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
  • To the full extent permitted by law, we disclaim any and all warranties, express or implied, regarding:
    • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any Linked Sites; and
    • the merchantability or fitness for any particular purpose for any Services contained or referred to on the Website or on any Linked Sites.
  • To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
    • if the breach of an implied warranty or condition relates to services:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again; and
    • if the breach of an implied warranty or condition relates to goods:
      • the replacement of the goods or the supply of equivalent goods;
      • the repair of such goods; or
      • the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
    • We will not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
      • acting, or failing to act, on any information contained on or referred to on the Website or any of the Linked Websites; and
      • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any Linked Sites.
    • We do not warrant, guarantee or make any representation that:
      • the Website, or the server that makes the site available on the Internet are free of software viruses;
      • the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
      • errors and defects in the Website will be corrected.
    • We are not liable to you for:
      • errors or omissions in the Website, or Linked Sites on the Internet;
      • delays to, interruptions of or cessation of the Services provided in the Website, or Linked Sites; and
      • defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

  • You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Linking to this website

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, but 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 and where we haven’t provided our written consent. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Intellectual Property Rights

All logos, icons, brand names or service names that identifying the owner and operator of this Website are our copyright property or our trademarks or service marks. All other trademarks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trademark and other property rights or legal protections and could result in civil penalties.

Indemnity

You agree to indemnify, defend and hold harmless SkyCity, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees on a solicitor/client basis) arising from your use of this Website or your breach of the Terms of Use.

Variation

SkyCity has the right, in its absolute discretion, at any time and without notice to amend, remove or vary the Services or any page of this Website.

Jurisdiction

  • If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
  • These Terms of Use will be governed by and interpreted in accordance with the laws of South Australia, without giving effect to any principles of conflicts of laws.
  • You agree to the jurisdiction of the courts of South Australia to determine any dispute arising out of these Terms of Use.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at marketing@skycity.com.au.