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Terms and Conditions

Terms and Conditions

Introduction

New York Media Group B.V. (Chamber of Commerce 53135733 in The Netherlands) hereinafter referred to as NewYork.com.au grants access to www.NewYork.com.au (website) to all Users and invites them to take note of its offerings. NewYork.com.au hereby reserves the right to modify or remove any part(s) of its content at any time, without giving prior notice or obtaining permissions.

NewYork.com.au is a website providing information pertaining to the city of New York, including, and not limited to travel, accommodation and sightseeing and city related matters.

Information provided on NewYork.com.au is intended as free of obligation and not as a concrete offer to conclude an agreement. Agreements will only be concluded if acceptance of tender occurs and is indicated as such by NewYork.com.au.

No agreements can be concluded on NewYork.com.au. Therefore, NewYork.com.au is not liable for the implementation of any agreement subsequently concluded by a third party such as a webshop or a travel agent.

Any complaints regarding the services of NewYork.com.au can be communicated via the contact information provided hereunder.

Hereunder the General Terms and Conditions (terms) applicable for the use of this website are provided. These terms are to be adhered to at all times when using this site. It is advisable to save or print these terms for any future reference.

Article 1. Definitions

1.1 NewYork.com.au: (the website) New York Media Group B.V. established in Amsterdam, The Netherlands and registered with the Chamber of Commerce (Kamer van Koophandel) under registration number 53135733, trading under the name NewYork.com.au

1.2 Third party: a third party offering the products and services that can be found via means of hyperlinks on NewYork.com.au and with whom User enters into an agreement when placing an order via the third party site.

1.3 User: The actual or legal person who utilises NewYork.com.au and/or its third party offerings.

1.4 General Terms and Conditions: these General Terms and Conditions also referred to as Terms of Use.

1.5 Website: The website NewYork.com.au, accessible via www.NewYork.com.au and all its subdomains.

1.6 Offers: The offer of services and/or products.

Article 2. Applicability

2.1 These Terms and Conditions shall apply to any and all agreements and any use of NewYork.com.au website, unless otherwise agreed in writing.

2.2 By using the website, User fully agrees to the applicability of these Terms and Conditions.

2.3 Any conditions or exceptions to these Terms and Conditions set forth by User shall apply only if expressly agreed in writing by NewYork.com.au.

2.4 User cannot directly obtain any service or product from NewYork.com.au and cannot, therefore, conclude an agreement with the website. NewYork.com.au refers, through means of hyperlinks, to third party websites where the user may conclude an agreement. Aforementioned third parties will apply their own Terms and Conditions pertaining to the agreement.

2.5 Article 2.4 does not include the following products: All Broadway Musicals, Opera Tickets, Nightclub Experience, Rooftop Bar Tour, Brooklyn and Coney Island Pizza Tour, Brooklyn Neighbourhood Tour, Brooklyn Chocolate Tour and Dyker Heights Christmas Lights Tour. These tours are directly booked with New York Media Group BV. All sales are final.

Article 3. Information on the website

3.1 The information provided on the website has been done so with the greatest possible care and attention. The details provided on any third party offer(s) are received by NewYork.com.au from the aforementioned third parties’ for example travel agents and airlines. NewYork.com.au shall provide regular updates to ensure a reliable source of information regarding these offer(s) and the prices of the products or services.

3.2 User understands and agrees that all information regarding offers on the website is provided by third parties and is not collated by NewYork.com.au. NewYork.com.au is, therefore not responsible for the accuracy of the information provided.

3.3 In the unlikely instance that the information on NewYork.com.au differs from the information provided on the third party website offering the product or service, the third party site’s information takes precedence.

3.4 Prior to entering into an agreement with the third party it is the responsibility of User to ensure that they are fully aware and in accordance with all terms of use listed by the third party.

3.5 In addition to the guidance regarding offers from third parties, NewYork.com.au contains a lot of general information pertinent to the city of New York. NewYork.com.au endeavours to provide as much comprehensive advice and information as possible about the city of New York. However, informational materials offered on the website are provided without any guarantee or claim to accuracy.

Article 4. Liability

4.1 User understands that the website acts as intermediary and is, therefore not liable for any direct or indirect damages resulting from the agreement concluded by user with a third party website.

4.2 NewYork.com.au shall not be liable in the event of technical failure that may result in loss of availability (of a certain price) of goods and/or services from third parties, whereby the product user and/or services can no longer be utilised.

4.3 NewYork.com.au is not liable for the terms of the contract once an agreement is concluded with a third party. User fully understands that the final agreement is with the third party and not with NewYork.com.au

4.4 NewYork.com.au comprises only links to third party websites where agreements can be concluded. NewYork.com.au does not guarantee the correct operation of these links.

4.5 All Broadway Musicals, Opera Tickets, Nightclub Experience, Rooftop Bar Tour, Brooklyn and Coney Island Pizza Tour, Brooklyn Neighbourhood Tour, Brooklyn Chocolate Tour and Dyker Heights Christmas Lights Tour vouchers are definitive and valid only on the dates shown on the purchased voucher.

Article 5. Amendments to Terms and Conditions

5.1 NewYork.com.au reserves the right to amend or supplement these General Terms and Conditions.

5.2 Amendments will take effect 30 days after publication of the aforementioned changes on the website or, per electronic notification, stating the effective date of the change. If User is not in agreement with the changes to the General Terms and Conditions, User can cease to make use of the website.

Article 6. Personal Details

6.1 NewYork.com.au processes the personal data of User in accordance with the Privacy Policy published on the Website.

6.2 When User places an order, the personal data is provided to the third party and therefore not NewYork.com.au. NewYork.com.au has no influence on how the third parties handle personal data and cannot, therefor guarantee a reliable and safe handling of personal data by third parties.

Article 7. Author’s rights

7.1 Full Intellectual Property rights of all content belong to NewYork.com.au or the affiliate third parties. It is not permitted to copy, share or use any of the websites materials or any part thereof without prior written permission from NewYork.com.au. With exception, only to the extent provided in regulations of mandatory law (such as right to quote) and unless otherwise indicated in specific materials.

It is not permitted to take individual elements of web pages from the website (such as images, videos or interactive applications) and place them in a frameset or process them as a link in another web page, thereby causing confusion as to the origin of the materials.

Article 8. Final Clauses

8.1 These General Terms and Conditions and any agreements between User and NewYork.com.au are conducive to Dutch Law.

8.2 Unless otherwise prescribed by mandatory law, any disputes that may arise as a result of agreements between User and NewYork.com.au and/or these General Terms and Conditions shall be submitted to the authority court of Amsterdam.

8.3 Should any provision of these Terms be found to be invalid, the validity of the entire Terms and Conditions will not be affected. NewYork.com.au will amend or establish (a) new provision(s) that, as much as legally possible is/are shaped to the intent of the original provision(s).

8.4 “In writing” is also defined as communication by email in this agreement, provided that the identity of the sender and the integrity of the mail is sufficiently established.

Contact information

If you have questions, complaints or comments pertinent to these Terms and Conditions please do not hesitate to contact me in writing or by email.

New York Media Group B.V.
H.o.d.n. NewYork.com.au
Herengracht 221
1016 BG Amsterdam

Phone: +31 20 486 4734
Email: eric @ newyork.com.au

Commercial Register: 53135733
VAT number: NL850762261B01

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