Terms & Conditions

By accessing and using the Derwent Valley Railway Inc website (owned by Derwent Valley Railway Inc ABN 61 868 683 773) you agree to be bound by and abide by these terms and conditions.

Content ownership

The material on the website, including the software, design, text, images, videos and graphics comprised in the website and the selection and layout of the website are owned by Derwent Valley Railway Inc and protected by Australian and international laws.

Your use of the website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the website without the express written permission of the trademark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on the website.

Except with written authorisation from Derwent Valley Railway Inc, you must not reproduce or communicate any of the content on the website, including downloadable files, without the permission of the copyright owner.

Third party websites

The website links to content that resides on third party websites. These terms and conditions do not cover content provided by these websites and users should familiarise themselves with the terms and conditions provided by the owners of the websites. Derwent Valley Railway Inc does not warrant the veracity, accuracy or currency of information contained. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that Derwent Valley Railway Inc is not responsible for any losses suffered by you or anyone else in connection with any link.

Indemnity

By using the website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the website by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the website:

  • all material on the website is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the website or your access to the website will be uninterrupted or error free, that any defects will be corrected or that the website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the website.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the website.

Liability

Your use of, and reliance on, this website (including all content) is entirely at your own risk. Except in relation to Non-excludable Obligations, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or anyone else under or in connection with this website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).

Privacy

Your use of this website is governed by our Privacy Policy.

Changes to this document

We may change these website terms at any time without notice to you. You agree to be bound by the changed terms if you use this website after the terms have changed.

Governing law

These terms are governed by the law of the State of Tasmania, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia.