1. Introduction

Welcome to Melbourne's Best Parks and Gardens. These Terms of Service govern your use of our website located at melbourneparks.com.au and form a binding contractual agreement between you, the user, and Melbourne Parks and Gardens, the provider of this website and services. By accessing and using our website, you agree to comply with and be bound by these Terms. If you disagree with any part of these terms, please do not use our website.

2. Definitions

For the purposes of these Terms of Service:

• "Website" refers to Melbourne's Best Parks and Gardens, accessible from melbourneparks.com.au
• "Service" refers to the website as well as any other related services that may be offered by Melbourne Parks and Gardens.
• "User" refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
• "Content" refers to text, images, photos, audio, video, location data, and all other forms of data or communication.

3. Use of the Website

Melbourne's Best Parks and Gardens grants you a non-exclusive, non-transferable, revocable license to access and use the website strictly in accordance with these Terms of Service.

As a user of the website, you agree not to:

• Use the website in any way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website.
• Include content on the website that is fraudulent, offensive, deceptive, misleading, abusive, or otherwise objectionable.
• Use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• Conduct any systematic or automated data collection activities on or in relation to the website without Melbourne Parks and Gardens' express written consent.
• Use data collected from the website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

4. Intellectual Property

The intellectual property rights in the website and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by Melbourne Parks and Gardens and its licensors. You may not print or otherwise make copies of any such content without our express prior permission.

5. User-Generated Content

Users may post content such as reviews, comments, and photos, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You grant Melbourne Parks and Gardens a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

6. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms of Service, explains how we collect, use, and protect your personal information. By using our website, you consent to the data practices described in our Privacy Policy.

7. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Melbourne Parks and Gardens. Melbourne Parks and Gardens has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Melbourne Parks and Gardens shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Melbourne Parks and Gardens, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this website.

To the maximum extent permitted by applicable law, Melbourne Parks and Gardens assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

9. Indemnification

You agree to defend, indemnify and hold harmless Melbourne Parks and Gardens, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the website.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Changes to Terms

Melbourne Parks and Gardens reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Melbourne Parks and Gardens
12 Flinders Street
Melbourne, VIC 3000
Australia
Phone: +61423710598
Email: [email protected]

Last updated: May 15, 2025