Site Terms and Conditions
Welcome to the website for OLOS Ski Club Inc. (Registered number A0046149G) (referred to in these Terms of Use as “this site”). This site is owned by OLOS Ski Club Inc. (referred to in these Terms of Use as “OLOS”, “we” and “us”). Please direct any questions or comments concerning this site or these Terms of Use to olosskiclub@gmail.com.
PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.
By accessing and using this site, you confirm your agreement to these Terms of Use and the Privacy Policy. If you do not agree to or do not want to be bound by these Terms of Use, you are not authorised to use this site and should immediately exit this site. OLOS reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
Ownership
All content included on this site, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, audio or video clips, digital downloads, data compilations and software is the property of, or licensed to, OLOS or is the property of OLOS’s content suppliers or licensors and protected by the laws of the State of Victoria and the Commonwealth of Australia and other countries and international treaties. The compilation of all content of this site is the property of OLOS and is protected by the laws of the State of Victoria and the Commonwealth of Australia and other countries and international treaties. OLOS’s marks indicated on the site are registered trademarks of OLOS. All other marks that are not owned by OLOS that appear on this site, such as those of OLOS’s clients, are the property of their respective owners, which may or may not be affiliated with or connected to OLOS. All of the above marks may not be copied, downloaded or otherwise exploited without the permission of OLOS or the owner of such marks.
License and Site Use
OLOS grants you a limited license to access and make personal, non-commercial use of this site. In accordance with these Terms of Use, you are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages (for personal, non-commercial use provided that all copyright and proprietary notices are maintained) frame or link to any page within or modify all or part of the site. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software that you are permitted to download from the site hereunder, except as may be permitted by law. Except only as expressly provided herein, this site (or any derivative work version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without OLOS’s prior express written consent. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.
Your Account
If you use this site, you are responsible for maintaining the confidentiality (as applicable) of account information, credit card information, usernames, passwords and IDs that may be required to use the site from time to time (“Account Information”) and for restricting access to your computer or other devices, and you agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). OLOS’s site security policies are contained in this site’s Privacy Policy. OLOS reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, terminate accounts and usage rights, edit, or remove content or “submissions” (as defined below) and cancel orders or requests for materials made through this site.
Submissions
Any information or materials you transmit, upload or otherwise submit to this site (including, without limitation, comments, reviews, email messages) or any creative suggestions, ideas, notes, drawings, concepts or other information sent to this site or other means of transmission or delivery, shall be collectively referred to as “submissions”. If you transmit or otherwise deliver submissions to OLOS, you grant OLOS a nonexclusive, royalty-free, perpetual, irrevocable (or the longest period permitted under law) license (with the right to sublicense and assign) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, transmit, make, sell, create derivative works from and distribute such submissions or incorporate such submissions into other works in any form or medium and through any means or modes of distribution or technology now known or hereafter developed. You hereby agree and represent to OLOS that you own or have been granted the necessary intellectual property and other rights in the submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to OLOS that no such submissions are, or shall be, subject to any obligation of confidence on the part of OLOS and that OLOS shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, OLOS shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without notice to or compensation to the provider of the submissions.
Content Linked to this Site
OLOS makes no representations concerning the content of sites linked to this site or listed in any of our directories. Consequently, OLOS cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to this site.
Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OLOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLOS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
OLOS explicitly disclaims any responsibility for the accuracy, truthfulness, completeness, content, or availability of information found on sites that link to or from this site. OLOS has not taken any steps to confirm the accuracy or reliability of any of the information contained in linked third party sites or content. OLOS does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. OLOS strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Indemnification
You are entirely responsible for maintaining the confidentiality and security of your Account Information and for all activities that occur under your account. You agree to indemnify, defend and hold OLOS and OLOS’s officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable solicitor’s fees and other reasonable costs of defence or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defence of any claim.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OLOS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE OR MATERIALS OR FUNCTIONS ON THIS SITE, EVEN IF OLOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OLOS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.
Jurisdictional Issues
Unless otherwise specified, the materials in this site are presented solely for the purpose of promoting OLOS, its events and services. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.
Termination
These Terms of Use are effective until terminated by either party. Your access to this site may be terminated immediately without notice from us for any reason, including without limitation, if, in our sole discretion, your failure to comply with any term of these Terms of Use. Upon such termination, you must cease use of this site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise. You may terminate at any time by discontinuing use of this site. Upon such termination, you must destroy all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Terms of Use or otherwise.
General Provisions
By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the Courts of the State of Victoria and the Commonwealth of Australia and you hereby consent and submit to the exclusive venue and personal jurisdiction of such courts for the purposes of such action. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between us relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals, whether oral or written, and shall not be modified except in writing, signed by both parties. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of OLOS. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. No wavier of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the site or access to the site. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Booking confirmation
Successful online bookings will receive an automatic confirmation via email including details of the booking and lodge access code.
If a confirmation email is not received, the member must contact the Booking Officer.
Online booking modification
Bookings can be modified online.
Online booking cancellation and refunds
Bookings can be cancelled online. Payments for online bookings will be refunded if:
- the confirmed or wait-listed booking is cancelled by the Tuesday two weeks prior to the commencement of the booking being cancelled, or
- the Mt Buller ‘Snow Guarantee’ lifts aren’t operating in the two days before the booking due to insufficient snow, or
- The member makes application to the Committee for consideration of special circumstances and the Committee approves a refund.
Privacy Policy
OLOS Ski Club Inc. recognises the importance of protecting personal information collected from its members. This Privacy Policy sets out how OLOS uses your personal information and protects its privacy.
What is personal information?
Personal information is any information about you that identifies you or information by which your identity can be reasonably identified.
Why do we collect personal information?
OLOS collects personal information so that we are able to manage club membership, manage lodge bookings, manage club finances and communicate with members and applicants.
What information do we collect?
OLOS only collects information directly relevant to membership of the club and to managing bookings. We collect personal information such as your name, street and email addresses, phone numbers and, in the case of member and guest children, age. We keep a record of member transactions. We do not collect financial details.
How do we collect your personal information?
Personal information is collected initially from applicants and is periodically updated in the course of membership. Guest names and ages are entered by the sponsoring member.
How we use your personal information
We use the personal information that we collect to provide services to members, and to fulfil administrative functions associated with these services, for example billing. Member contact details ARE available to other members. Member information is visible to the Booking System developer but is otherwise NEVER shared with third parties.
Access to and correction of personal information
Members can view and edit their personal information via the Booking System and are expected to ensure that their information is up to date.
Security
We will take all reasonable precautions using a variety of electronic security measures to safeguard your personal information from loss, misuse, unauthorised access, modification or disclosure.