Terms & Conditions
Please read this document carefully as it applies to your use of this Website.
All images and videos featured on this website were shot under controlled conditions and precautions have been taken to protect participants under WHS Legislation and Rail Safety Regulations.
This website (Website) is owned and operated by Darling Downs Historical Rail Society Ltd. trading as DownsSteam (ABN 17 097 691 177) of 16 Cambooya Street, Drayton Queensland 4350 (Darling Downs Historical Rail Society Ltd., DOWNSSTEAM tourist railway & museum, DownsSteam, DOWNSSTEAM Winelander, Great Divide Scenic Railway, we, us or our).
By accessing and using this Website, you:
waive your rights to make any claim against us inconsistent with them.
1. General Terms
1.1 Licence to use the Content on this Website
i. All of the content on this Website (including, but not limited to, text, graphics, advertisements, software and information is subject to copyright and possibly other intellectual property rights of DownsSteam and is protected by Australian and international copyright and trade mark laws.
ii. We grant you a limited, revocable and non-transferable licence to access, view, use and print this Website and the Content solely for your personal, non-commercial purposes and only for those purposes (Licence).
v. Subject to applicable law, we may revoke the rights granted to you pursuant to this clause 1.1 at any time and may suspend or deny, in our sole discretion, your access to all or any part of this Website without notice.
This Website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third party websites linked to this Website and are not responsible for their content or accuracy. The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk.
1.3 Variations to this Website
We may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
1.5 Use of this Website is at your own risk
You use this Website at your risk. To the extent permitted by law, everything on this Website is provided to you “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:
- we endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that your access to the Content or this Website will be uninterrupted, error free or that this Website or the server that operates it is free of viruses or other harmful components; and
- while we may attempt to keep information on this Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Website.
This Website is accessible to you over the Internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this Website over the Internet, or if your use of this Website results in the need for servicing or replacing property, material, equipment or data.
1.6 Service provider charges
You acknowledge and agree that DownsSteam is not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading from this Website.
1.7 Liability and indemnity
To the maximum extent permitted by law:
we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use this Website, or any content or material accessible at any time through it, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know or have been advised of the possibility of such damage.
- You agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
2. Special Terms
The following special terms apply to your access to and use of certain features and functionality of this Website, in addition to the general terms described above.
2.1 Mobile Access
In this policy, “us”, “we” or “our” means DownsSteam (ABN 17 097 691 177).
We are bound by the National Privacy Principles contained in the Privacy Act 1988 (Cwth) (subject to exemptions that apply to us under that Act). We may, from time to time, review and update this policy, including to take account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy. This policy was last updated in January 2017.
1. We respect your privacy
We respect your right to privacy and this policy sets out how we collect and treat your personal information. “Personal information” is information we hold which is identifiable as being about you.
2. What personal information we collect
3. How we collect your personal information
We collect personal information from you in a variety of ways, including: when you interact with us electronically or in person; when you access our website; and when we provide our products and services to you. If, at any time, you provide personal or other information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purpose specified.
4. Use of your personal information
We use your information to provide our products and services to you. We also use it to improve our products and services and to notify you of opportunities that we think you might be interested in. In addition to the primary purpose outlined above, we may use the personal information we collect, and you consent to us using your personal information:
- to provide you with news and information about our products and services;
- to send marketing and promotional material that we believe you may be interested in. This material may relate to any of our businesses or a third party business which we believe may be of interest to you;
- for purposes necessary or incidental to the provision of goods and services to you;
- to personalise and customise your experiences;
- to manage and enhance our products and services;
- to communicate with you, including by email, mail or telephone;
- to verify your identity;
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- as required or permitted by any law (including the Privacy Act).
We do not provide your information to third parties, except as defined in section (5).
- engaged by us to perform functions or provide products and services on our behalf, such as processing financial information, mailouts, debt collection, marketing, research and advertising;
- that are our agents, business partners or joint venture entities or partners;
- authorised by you to receive information held by us;
- as part of any investigation into you or your activity, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to the Police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator; and/or
- as required or permitted by any law (including the Privacy Act).
6. Management and Security of your personal information
We have appointed a Privacy Officer to oversee the management of personal information in accordance with this policy and the Privacy Act. Other than in relation to Non-Confidential Information, we will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of financial transactions. However, you acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control. You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose your personal information to in accordance with this policy or any applicable laws). The collection and use of your information by such third party/ies may be subject to separate privacy and security policies.If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
7. Access to and updating your personal information
We request that you keep your information as current as possible so that we may continue to improve our service to you.Subject to some exceptions in the Privacy Act, you have the right to seek access to and update the personal information we hold about you. If you make an access request, we may ask you to verify your identity. If you would like to seek access to personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, you can contact us in writing:DownsSteam - Privacy Officer
If you have any complaints about our privacy practices, please feel free to send in details of your complaints to the Privacy Officer: firstname.lastname@example.org. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.