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Terms of Service

Last Updated: May 15, 2023

1. Introduction

Welcome to Aussie Journeys. These Terms of Service ("Terms") govern your access to and use of the Aussie Journeys website, products, and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Please read these Terms carefully before using our website. By accessing or using our Services, you indicate your acceptance of these Terms, which constitute a legal agreement between you and Aussie Journeys Pty Ltd ("Aussie Journeys," "we," "us," or "our").

2. Our Services

Aussie Journeys provides travel information, booking services, and travel arrangements for destinations throughout Australia. We act as a booking agent for third-party suppliers such as hotels, tour operators, transportation providers, and attractions.

We strive to ensure all information on our website is accurate and up-to-date, but changes in circumstances may occur between updates. We cannot accept responsibility for any inaccuracies or errors in information that is not directly under our control.

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information at all times. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device.

You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any breach of security or unauthorized use of your account.

4. Booking Terms

When making a booking through our Services, you agree to:

  • Provide accurate and complete traveler information
  • Pay all fees and charges when they are due
  • Comply with specific terms and conditions of the third-party suppliers

All bookings are subject to availability and confirmation. Prices may change without notice until a booking is confirmed. Confirmed bookings may still be subject to price changes due to factors beyond our control, such as changes in government taxes or currency fluctuations.

4.1 Payments

Payment terms vary depending on the booking. Some services require full payment at the time of booking, while others may require a deposit with the balance due at a later date. Payment terms will be clearly specified at the time of booking.

Payment can be made by major credit cards, including Visa, MasterCard, and American Express. All prices are in Australian Dollars (AUD) unless otherwise specified.

4.2 Cancellations and Refunds

Cancellation and refund policies vary depending on the service booked and the specific terms of the third-party suppliers. These policies will be communicated to you during the booking process and in your confirmation.

In the event of a cancellation by a supplier, we will assist you in seeking any applicable refunds. However, we cannot guarantee refunds for circumstances beyond our control or the control of our suppliers.

5. User Responsibilities

When using our Services, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others, including intellectual property rights
  • Transmit any material that is defamatory, offensive, or otherwise objectionable
  • Use our Services to send unsolicited commercial communications
  • Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running our Services
  • Use any robot, spider, crawler, scraper, or other automated means to access our Services
  • Bypass measures we may use to prevent or restrict access to our Services

6. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Aussie Journeys or our content suppliers and is protected by Australian and international copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

7. Content Licenses

When you post, upload, or otherwise submit content to our Services, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute such content on and through our Services.

You represent and warrant that you have the right to grant such license, and that your content does not violate the rights of any third party or any applicable laws.

8. User-Generated Content

If you submit reviews, comments, or other content to our website, you are solely responsible for this content. We reserve the right to remove any content that we determine, in our sole discretion, violates these Terms or may be offensive, illegal, or violate the rights of any person or entity.

We claim no ownership over user-generated content, but you grant us a license to use, store, and display such content as described in Section 7.

9. Third-Party Websites and Content

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Aussie Journeys. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we 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.

10. Limitation of Liability

To the maximum extent permitted by law, Aussie Journeys, its directors, employees, and agents will not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the Services.

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid us in the last six (6) months, or AUD $100 if you have not made any payments to us.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Aussie Journeys, its directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Disclaimers

Your use of our Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty that the Services will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, complete, legal, or safe.

We cannot guarantee the accuracy of descriptions or information about third-party suppliers or their services, and we are not responsible for any travel disruptions, cancellations, or other issues that may arise from your bookings.

13. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

14. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, labor disputes, or technical failures.

15. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of New South Wales, 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.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

17. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through good-faith negotiation. If such disputes cannot be resolved through negotiation, they shall be resolved by arbitration in Sydney, New South Wales, Australia, under the Commercial Arbitration Rules of the Australian Centre for International Commercial Arbitration.

18. Entire Agreement

These Terms, together with any amendments and any additional agreements you may enter into with Aussie Journeys in connection with the Services, shall constitute the entire agreement between you and Aussie Journeys concerning the Services.

19. Contact Us

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

Aussie Journeys
42 Circular Quay West
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 8123 4567

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