This website (Site) is operated by Hamilton Island Enterprises Limited (ABN 61 009 946 909) and its each of its subsidiaries, related bodies corporate and business operations conducted under our brands including qualia, the Reef View Hotel, Beach Club, Palm Bungalows, Hamilton Island Holiday Homes, Hamilton Island Golf Club, Hamilton Island Yacht Club and Hamilton Island Race Week (we, our or us).  It is available at https://www.qualia.com.au and may be available through other addresses or channels.

1. Agreement: By accessing or using our Site, you agree to these terms of use and our Privacy Policy which is available through our Site (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
    
2. Licence to use the Site: We grant you a nonexclusive, royalty free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses by you are prohibited without our prior written consent.
    
3. Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice.
   
   To the maximum extent permitted by law, we do not guarantee that we will keep our Site up to date and we are not liable if any Content is inaccurate or out of date.
    
4. Unlawful or Prohibited Conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including but not limited to:
   1. providing false or misleading information, or making misrepresentations, while accessing or using our Site;
   2. anything that would constitute a breach of an individual’s privacy including but not limited to uploading private or personal information without an individual's consent or any other legal rights;
   3. using our Site to menace, defame, harass, threaten or offend any person;
   4. interfering with any user using our Site;
   5. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including but not limited to using viruses, trojan horses, or piracy or programming routines that may damage or interfere with our Site;
   6. using our Site to send unsolicited email messages; or
   7. facilitating or assisting a third party to do any of the above acts.
       
5. Intellectual Property Rights: Unless otherwise indicated, we own or licence all rights, title and interest including intellectual property rights in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
   1. copy or use, in whole or in part, any Content;
   2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
   3. breach any intellectual property rights connected with our Site or the Content, including but not limited to modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
       
6. User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us an irrevocable, perpetual, nonexclusive, worldwide, transferable, royalty free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. 
   
   You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
   1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
   2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
       
7. Third Party Sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.
    
8. Discontinuance and Exclusion: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site if we consider they are in breach of these Terms. We are not responsible for any liability, including but not limited to the liability referred to at clause 11 below, that you may suffer arising from or in connection with any such discontinuance or exclusion.
    
9. Disclaimer: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including without limitation that:
   1. they are complete, accurate, reliable, up to date and suitable for any particular purpose; or
   2. access will be uninterrupted, error free or free from viruses.
       
10. Indemnity: To the maximum extent permitted by law, you agree to indemnify us and hold us harmless including but not limited to our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, due to or arising out of User Content that you share, your violation of these Terms or any additional rules, guidelines or terms of use posted for a specific area of the Site or provided on or through the Site, or your violation or infringement of any third party rights, including intellectual property rights.
     
11. Limitation of Liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect suffered by you or any third party, arising from or in connection with your use of our Site or the Content or any inaccessibility of, interruption to or outage of our Site or any loss or corruption of data or the fact that the Content is incorrect, incomplete or out of date.  
     
12. Termination: These Terms are effective until terminated by us, which we may do if we consider you are in breach of these Terms. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
     
13. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 14 days after receiving the notice, the parties must, by their senior executives or senior managers who have the authority to reach a resolution on behalf of the party, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or if the parties do not agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, then the Dispute may be referred by either party, by notice in writing to the other party, to litigation.
     
14. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision in whole or in part, that provision or the part of that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
     
15. Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland and Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland  and Australia and any courts entitled to hear appeals from those courts.
    
    Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws, including intellectual property laws, of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Is your booking directly with us or with a third party? (it is important to understand the difference)
You can book directly with Hamilton Island Travel Pty Ltd ACN 010305781 (Hamilton Island Holidays) which is a wholly owned subsidiary of Hamilton Island Enterprises Limited (HIE) via our websites or directly with our Reservations Team or you can book with a third party travel agent like Flight Centre, booking.com, expedia etc. These are the general terms that apply to HIE owned Hotels and privately managed properties in the Hamilton Island Holiday Homes letting pool. If you have booked via a third party you must check their terms and conditions for specific inclusions and conditions relating to your booking.

For any questions and notices, please contact us at corporate@hamiltonisland.com.au. 

Last updated: 17 March 2023