Introduction
The www.schoolholidayprograms.com.au (SHP) and Incursionprograms.com.au (IP) websites, and any mobile application for the websites (the “Sites”) is owned and operated by School Holiday Programs Australia and Incursion Programs Australia (“SHP” “IP”, “we”, “us” or “our”). SHP & IP are a subsidiary of Mason & Kelly Pty Ltd.
Before entering into any listing agreements, visitors to the site are required to read the following terms and conditions. The use of the site and browsers is conditional upon your agreement to these terms without alteration.
These terms and conditions govern the relationship between SHP / IP and any individual using or accessing the site and any of the content or services available through it, program providers (PP) (listers or advertisers on the site). These terms and conditions, and the relationship between the PP, the visitor to the site and SHP / IP, shall be governed by and construed in accordance with the laws in force in New South Wales, and you submit to the non-exclusive jurisdiction of the courts in that State.
All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
Content Guidelines: Program Provider (PP)
Program Providers (PP); those who hold a listing on the site; must comply to the following terms:
SHP / IP are not responsible for any service or product advertised on the site. SHP /IP takes every precaution to ensure the listing content abides to these terms and conditions, although takes no responsibility for any content displayed on the site. The site includes links to third parties. SHP /IP is not responsible for any information or content of a linked site, nor do we endorse the same.
Listing content includes text, images and url links, social media links and any other visible content. Content must be free from any offensive material including language, images and links. ‘Offensive material’ is any material which SHP / IP deems offensive.
At the discretion of SHP / IP, any material deemed offensive will be instantly deleted from the site. SHP / IP reserves the right to remove and or prohibit PP links at their discretion.SHP / IP will contact PP in regards to the removal of the link. The PP’s failure to comply withSHP / IP’s request will lead the cancellation of the listing and PP user privileges without further notice, reimbursement or liability. No refunds will be given to the PP in this case. SHP / IP reserves the right for any reason to prohibit a PP from placing a listing on the site.
SHP / IP reserves the right for any reason to cancel any subscription or listing without prior notice if the listing does not comply with the SHP / IP Terms and Conditions.
SHP / IP reserves the right to update the terms and conditions at any time.
Content Guidelines: site visitors
Content Guideline: Site visitors (SV); those who visit the site; must comply with the following terms:
SV’s must provide only accurate and truthful information concerning their identity in any communications on the Site, including reviews of programs.
Emails sent via SHP / IP’s systems to the PP should only relate to genuine enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse SHP / IP systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.
Please note that SHP / IP does not, and realistically does not have the ability to, verify the accuracy or otherwise of PP reviews or the PP’s response.
Prohibitions
With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;
Monitor content on the site or SHP / IP platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the site or SHP / IP) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with SHP / IP robots.txt file;
Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
Upload or send to the site or SHP / IP platform or systems any contents or programs, which on account of their size or nature, might damage SHP / IP computers or networks;
Include content on the site or SHP / IP platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;
Use or access the Site or SHP / IP platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);
Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
Refer to SHP / IP or any SHP / IP Affiliate in any way that might lead someone to believe that the PP or any website is sponsored by, affiliated with, or endorsed by SHP / IP or any SHP // IP Affiliate.
Right to deletion
PP’s and visitors are responsible for ensuring that their communications, and content posted, through or in connection with the site, including reviews and communications with PP, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the content guidelines. SHP / IP may monitor any data on the Site or SHP / IP platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, SHP shall be entitled immediately to remove from the site any communications or content that infringes these requirements.
Communications with SHP/IP
Messages are to be sent using the contact form or via
FindtheFun@SchoolHolidayPrograms.com.au
Liability
SHP / IP has taken all practical steps from both a technical and systems perspective to ensure that all of your information is well protected. A secure payment gateway (PayPal) is used to process all transactions and card details. However, SHP / IP does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information.
In no event will SHP / IP be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or SHP / IP platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if SHP / IP has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or SHP / IP platform or systems, you do not agree with any part of these terms and conditions, then your sole and exclusive remedy against SHP is to discontinue using the site. Nothing in these terms and conditions shall exclude or restrict Mason and Kelly’s liability under the Australian Consumer Law; for death or personal injury resulting from its negligence; nor for Mason and Kelly fraud or fraudulent misrepresentation.
Annual subscription terms
The SHP / IP listing plans (excluding ‘Featured Listings’) operate on an annual subscription basis. All subscriptions will continue operating until the program provider notifies the SHP / IP Team of their cancellation of the subscription.
Failure to contact the SHP / IP Team to cancel the annual subscription will result in an auto-billing of the annual subscription amount. Refunds are not granted. If the program ceases operation, no refunds will be granted.
To cancel a subscription, email FindtheFun@SchoolHolidayPrograms.com.au and include the date of termination.
ABN 27 607 469 134
