Terms and Conditions

1. Definitions

2. Acceptance and Eligibility

2.1 By using the Website, you confirm that you have the authority to do so, including, where you are accessing the Website on behalf of a Commonwealth agency or other organisation, that you are authorised to make inquiries or bookings on that organisation's behalf.

2.2 We may update these Terms from time to time. The version published on the Website at the time of your use is the operative version. Continued use of the Website after an update constitutes acceptance of the updated Terms.

3. Rules of Conduct: Acceptable Use

3.1 You agree to use the Website only for lawful purposes and in a manner consistent with these Terms. You must not:

• use the Website in any way that breaches any applicable Commonwealth, State, or Territory law;
• attempt to gain unauthorised access to the Website, its underlying systems, or any related network, including by way of hacking, scraping at scale, or introducing malicious code;
• interfere with or disrupt the operation of the Website or any servers or networks connected to it;
• copy, reproduce, republish, or create derivative works from the Website's Content other than as permitted under clause 4;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity, including APLakeside Services; or
• submit false, misleading, or fraudulent information through any inquiry or booking form.

3.2 Consequences of breach. If we reasonably believe you have breached clause 3.1, we may, without notice and at our sole discretion: (a) refuse or cancel any booking or inquiry associated with you; (b) restrict or terminate your access to the Website; and/or (c) take any other action available to us at law, including referral to the relevant authorities where conduct may constitute a criminal offence (for example, under the Criminal Code Act 1995 (Cth) in respect of unauthorised computer access). This clause does not limit any right or remedy available to us under an executed Service Agreement.

4. Intellectual Property

4.1 Ownership. All Content on the Website, including the APLakeside Services name, logo, brand assets, photography, written material, and the design and layout of the Website itself, is owned by or licensed to APLakeside Services and is protected by Australian copyright, trade mark, and other intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).

4.2 Limited licence to you. We grant you a limited, non exclusive, non transferable, revocable licence to access and view the Content for your own personal or internal organisational purposes (such as reviewing our Services before booking). This licence does not extend to any commercial use, reproduction, redistribution, or modification of the Content without our prior written consent.

4.3 No transfer of rights. Nothing in these Terms transfers any intellectual property right in the Content to you. All rights not expressly granted are reserved.

4.4 Third party marks. Any third party names, logos, or marks appearing on the Website (for example, those of catering or boat hire partners) remain the property of their respective owners.

5. Limitation of Liability

5.1 General disclaimer. The Website and its Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we make no warranty that the Website will be uninterrupted, error free, or free of viruses or other harmful components.

5.2 Exclusion of liability. To the maximum extent permitted by applicable law, APLakeside Services excludes all liability (whether in contract, tort, including negligence, or otherwise) for any direct, indirect, incidental, special, or consequential loss, damage, cost, or expense arising from or in connection with your access to or use of the Website, including any reliance placed on its Content.

5.3 Liability for booked Services. Liability arising from a booked Activity is governed by the limitation and exclusion provisions of the relevant executed Service Agreement, not by this clause 5.

5.4 Indemnity. You agree to indemnify and hold APLakeside Services harmless from any claim, loss, or damage (including reasonable legal costs) arising from your breach of these Terms or your misuse of the Website, except to the extent caused by our negligence or wilful misconduct.

6. Third Party Links

The Website may contain links to third party websites (for example, payment processors or partner operators). We do not control and are not responsible for the content, accuracy, or privacy practices of any third party website. Inclusion of a link does not imply endorsement.

7. Privacy

Our collection and handling of personal information through the Website is governed by our Privacy Policy, which forms part of these Terms by reference.

8. Dispute Resolution

8.1 Good faith negotiation. If a dispute arises out of or in connection with these Terms, the parties must first attempt in good faith to resolve the dispute through direct negotiation between the parties or their representatives within fourteen (14) days of written notice of the dispute.

8.2 Mediation. If the dispute is not resolved within that period, either party may refer the dispute to mediation administered by, or in accordance with the mediation procedures of, the ACT Civil and Administrative Tribunal under the ACT Civil and Administrative Tribunal Act 2008 (ACT), or another mediator agreed between the parties, before commencing court proceedings.

8.3 Governing law and jurisdiction. These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. Each party submits to the non exclusive jurisdiction of the courts of the Australian Capital Territory and any courts entitled to hear appeals from those courts.

8.4 Nothing in this clause 8 prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction at any time.

9. General Provisions

9.1 Entire agreement. These Terms, together with our Privacy Policy and any executed Service Agreement, constitute the entire agreement between you and APLakeside Services in relation to your use of the Website, and supersede all prior representations, understandings, or arrangements.

9.2 Severability. If any provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down to the minimum extent necessary to achieve its intent, or severed if it cannot be read down, without affecting the validity of the remaining provisions.

9.3 No waiver. A failure or delay by either party to exercise any right under these Terms does not operate as a waiver of that right.

9.4 Electronic dealings. Your continued use of the Website constitutes valid acceptance of these Terms electronically, consistent with the Electronic Transactions Act 2001 (ACT).