Definitions

1. Platform means the holipark website, apps, and any related services we provide.

2. Platform Content means the text, design, layout, graphics, logos, and other materials provided by holipark on the Platform, excluding Listings and User Content.

3. Listings means property or park listings and related information displayed on the Platform. Listings may be submitted by users, owners, or holiday parks, or sourced from third-party providers or publicly available sources.

4. User Content means any content or information you submit to or through the Platform, including any information you submit in connection with creating or editing a Listing (if available).

5. Account means a registered user account on the Platform.

Acceptance of Terms

1. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

2. You represent that you have the authority to accept these Terms on your own behalf or on behalf of any entity you represent.

Eligibility and Account Registration

1. You must be at least 18 years old to create an Account and use the Platform.

2. You must not submit false, misleading, or fraudulent information in connection with your Account.

3. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.

4. You should notify holipark promptly of any unauthorized access or use of your Account.

Purpose of the Platform

1. holipark provides a discovery platform for holiday homes and holiday parks and enables users to view Listings and related content for research and enquiry purposes.

2. holipark is not an agent, broker, or representative of any owner or park and does not act on behalf of any party.

3. holipark does not provide booking services, escrow, dispute resolution, payment processing, or legal or financial advice.

Listings and Third Parties

1. Listings and information may be submitted by users, owners, or holiday parks, and may also be sourced from third-party providers or publicly available sources.

2. Listings and information from any source may change at any time without notice.

3. holipark does not control, endorse, or verify any Listing, price, fee, rule, or other information and makes no guarantee as to accuracy or completeness.

4. Any dealings with third parties are solely between you and the third party, and you should confirm all details directly with them before making decisions.

Listing History

1. holipark may display historical listing information for certain properties, including past sale prices, listing dates, and status changes ("Listing History").

2. Listing History is aggregated from multiple third-party sources. holipark does not independently verify this information and makes no representations as to its accuracy or completeness.

3. Listing History may be incomplete, inaccurate, or missing entirely for some properties. It is provided for general reference purposes only and should not be relied upon as a definitive or authoritative record of a property's history.

4. Any prices displayed in Listing History reflect historical figures only. They do not constitute a guide price, indicative value, appraisal, or formal valuation of any property, and are not indicative of current or future market value.

5. You should not rely solely on Listing History when making any financial, legal, investment, or purchasing decisions. You are solely responsible for independently verifying all relevant information before acting on it.

6. To the maximum extent permitted by applicable law, holipark accepts no liability for any loss, damage, or expense arising directly or indirectly from your reliance on Listing History.

User Content

1. If you submit User Content, you grant holipark a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, publish, transmit, distribute, and otherwise use that content, and to make reasonable technical modifications (for example, formatting or resizing), solely as necessary to operate, maintain, and improve the Platform.

2. You warrant that you have all rights and permissions necessary to submit User Content and that it does not infringe any third-party rights.

3. holipark may remove or refuse to display any User Content at any time and has no obligation to monitor the Platform.

Ownership and Intellectual Property

1. The Platform Content is owned by holipark or its licensors and is protected by intellectual property laws.

2. No right or license is granted except to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

3. You must not copy, reproduce, publish, distribute, modify, create derivative works from, or exploit any Platform Content without prior written permission.

4. Listings and other third-party materials remain the property of their respective owners and may not be used outside the Platform without the owner's permission.

5. Except for the license you grant under these Terms, you retain ownership of your User Content.

Acceptable Use

1. You must use the Platform only for lawful purposes and in accordance with these Terms.

2. You must not:

   1. use the Platform in a way that interferes with, disrupts, or damages the Platform or its security;

   2. access or attempt to access non-public areas of the Platform or systems;

   3. use automated means (including scraping, crawling, or harvesting) without prior written permission;

   4. submit false, misleading, or incomplete information;

   5. impersonate any person or entity, or misrepresent your affiliation;

   6. transmit malware, harmful code, or any content that could compromise the Platform;

   7. use the Platform for unsolicited marketing or spam; or

   8. infringe any intellectual property or other rights.

3. holipark may suspend or terminate access at any time if these Terms are breached.

Third-Party Links and Services

1. The Platform may include links to third-party websites or services. holipark does not control and is not responsible for those third-party sites or services.

2. Your use of any third-party site or service is at your own risk and subject to their terms and policies.

Fees and Future Services

1. The Platform is currently provided without charge.

2. holipark may introduce paid features or services in the future. Any fees, terms, and conditions will be disclosed before you are charged, and additional terms may apply.

Suspension and Termination

1. holipark may suspend or terminate your Account or access to the Platform at any time, with or without notice, including if you breach these Terms.

2. You may stop using the Platform at any time. Upon termination, your right to use the Platform ceases, and any licenses granted to you end.

3. Sections intended to survive termination (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive.

Disclaimers and No Warranties

1. The Platform is provided on an "as is" and "as available" basis.

2. holipark does not verify, guarantee, or warrant the accuracy, completeness, or availability of any Listing, price, fee, rule, or other information.

3. You acknowledge that you use the Platform and rely on Listings or Platform Content at your own risk.

4. holipark makes no warranties or representations, express or implied, including warranties of accuracy, non-infringement, merchantability, fitness for a particular purpose, or availability.

5. holipark takes reasonable steps to maintain the Platform but cannot warrant it will be uninterrupted, secure, error-free, or free of viruses or other harmful components.

Limitation of Liability

1. To the maximum extent permitted by law, holipark and its officers, employees, contractors, and agents are not liable for any indirect, incidental, special, consequential, exemplary, or punitive losses, or for any loss of profits, revenue, data, goodwill, or business opportunities.

2. To the maximum extent permitted by law, holipark's total liability for any claim arising from or relating to the Platform is limited to the amount paid by you to holipark in the 30 days immediately preceding the claim (which may be $0).

3. Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights under the Australian Consumer Law that cannot lawfully be excluded.

Indemnity

1. You agree to indemnify, defend, and hold harmless holipark and its officers, employees, contractors, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:

   1. your use of the Platform;

   2. your breach of these Terms;

   3. any User Content you submit; or

   4. any violation of law or the rights of any third party.

Changes to Terms

1. holipark may update these Terms at any time.

2. Updated Terms take effect when posted on the Platform.

3. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

Governing Law and Venue

1. These Terms are governed by the laws of Victoria, Australia.

2. You agree to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia, in relation to any dispute arising out of or in connection with these Terms or the Platform.

3. If a dispute arises, you agree to attempt to resolve it in good faith before commencing legal proceedings.

Notices and Miscellaneous

1. Notices to you may be provided by email, through the Platform, or by other reasonable means.

2. These Terms constitute the entire agreement between you and holipark regarding the Platform.

3. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

4. A failure to enforce any provision is not a waiver of that provision.

5. holipark may assign or transfer its rights and obligations under these Terms. You may not assign your rights without holipark's prior written consent.

6. holipark is not responsible for delays or failures caused by events beyond its reasonable control.