Purpose of the User Agreement, Terms and Conditions
This User Agreement is
between you and Travellarks Pty Ltd, trading as Travellarks. (ACN 643 173 577)
where we aim to establish trust and transparency by setting out our rules when
using our various online and social media accounts.
Travellarks is a company limited by guarantee in Australia (ACN 643 173 577) with our registered office in Sydney, NSW, Australia.
Travellarks promotes information about places for people to stay
(“Accommodation”), and other ancillary services relating to regional travel
activities. For clarity, Travellarks
does not own any of its listed properties.
By using the website travellarks.com.au (“the Site”)
and any of the company’s associated social media platforms (collectively known
as ‘Sites’), you agree to the terms and conditions (the ‘User Agreement”) set
out herein whether as a visitor or guests (“Visitor”) or as a person or
business that lists their property with Travellarks (“Member”). Use of our Sites
in the name of Travellarks includes your accessing, searching, and / or
registering to use our Sites and includes requests for, or providing
information about properties listed.
As users of any of Travellarks’ ites, you will also be subject
to the terms and conditions of any third-party suppliers such as property
owners. By using our Sites to search for products and/or services offered, you are
indicating:
·
that you
have read this User Agreement; and
·
your
acceptance of this User Agreement.
If you do not agree to these terms of use, you must
not use our Sites.
The Travellarks Privacy
Policy sets
out the terms on which we collect, and process any data we collect from you, or
that you provide to us. By using our Sites, you consent to us processing your
data and you warrant that all data provided by you is accurate.
Travellarks may modify its terms and conditions
without notice at any time and shall be dated with the most recent revision.
Accessing Travellarks
Unless otherwise stated for content and/or
functionality or becoming a Travellarks Member, our Sites are made available without
charge to Visitors.
You agree not to access (or attempt to access) any
part of the Sites by any means other than through the interface provided by us.
You agree to not remove your property / properties without express written
approval by Travellarks together with five (5) business days’ notice. ’For
clarity, it is Travellarks’s responsibility to remove client listings form its
website and social media platforms.
We do not guarantee that our Sites, or any content or
functionality on it, will always be available or be uninterrupted. Access to
our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue,
or change all or any part of our Sites without notice. We will not be liable to
you if for any reason our Sites are unavailable at any time or for any period.
You are responsible for making all arrangements
necessary for you to have access to our Sites.
You are also responsible for ensuring that all persons
who access our Sites through your internet connection and/or on your behalf,
are aware of these terms of use and other applicable terms and conditions, and
that they comply with them.
User accounts & passwords
·
You
agree to provide accurate and complete information and to keep this information
current.
·
Your
information is stored securely and will only be used and disclosed in
accordance with our Privacy
Policy.
·
You are
solely responsible for the activity that occurs on your account, and you must
keep your account password secure.
·
If you
use a social media login function, you must keep your social media account
details confidential and must not allow any third party to access or use your
social media account.
·
If you
know or suspect that anyone other than you know your log in details, you should
reset your password.
·
We are
not liable for any unauthorised use of your account.
·
We may
in our sole discretion terminate your account or restrict your access to the Site
and / or social media
Our Site offers two types of user account:
1) Members: Accounts
for property owners are determined and approved by Travellarks. Owners will have
their property listed on our site noting an owner will be known as Members (“Member”)
of Travellarks. All parties must agree in writing to their listing on our Sites
with the corresponding payment, terms and conditions which prevail over these
terms of use (in the event of any conflict); and
2) Visitors: Accounts
for guests or visitors or general public access (“Visitors”) enables people
to use Travellarks, to view, select listings as favourites, provide feedback, make
enquiries direct with Members and access other functionality available from
time to time.
We reserve the right to cancel your account
registration, including your user identification or password, whether chosen by
you or allocated by us, at any time, if in our reasonable opinion you have
failed to comply with any of the provisions of these terms of use and is at our
complete discretion.
For any concerns, please notify us at hello@travellarks.com.au and provide any relevant details.
Updating our Sites
Our sites are constantly changing, and we reserve the
right to change, alter, vary or amend these at any time.
Please note that any of the content on our online
material may be out of date at any given time, and we are under no obligation
to update it. We do not guarantee that our Sites, or any content on it, will be
free from errors or omissions.
Third-Party Links
You
will find external links from our Sites. We are not responsible for the content
of sites to which we link.
Intellectual Property Rights
We own all intellectual property rights used in our
Sites, and in the material published, for example, narrative, illustrations,
video or audio content created by Travellarks, logo, page designs, share text,
images, photographs, data, weblinks, opinions, (“Content”) rights are reserved.
If
you correspond or otherwise communicate with us, you automatically grant to us
an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to
use, copy, display and distribute the content of your correspondence or
communication and to prepare derivative works of the content or incorporate the
content into other works to publish and promote such content. This may include,
but is not limited to, publishing
testimonials and trademarks on the site developing your ideas and suggestions
for improved information we provide. Nothing in this User Agreement gives you a
right to use any of Travellarks content, marketing material, business names,
trademarks, logos, domain names or other distinctive brand features.
You agree not to use, copy, distribute or
commercialise any Content posted on our Sites except as permitted by this User
Agreement, by law or with our prior written consent. Contact us at hello@travellarks.com.au
Travellarks must otherwise always be acknowledged (and
that of any identified contributors) as the authors of content from our Sites. You
must not use any part of the Content on our Sites without express written
permission.
Information we provide
Travellarks is an online portal that also uses other promotional
medium and activities to help inform Visitors with information about
accommodation, travel and its related activities. We make no representations,
warranties or guarantees, whether express or implied, that the content on our Sites
is accurate, complete or up-to-date since this can change at any time.
We are not responsible for any information provided by
Members, managers or their delegates or other information listed, whether on these
Sites, via another medium, or in communications with you.
As a condition of registering for Travellarks, you consent to us
sending you administrative emails and / or promotional emails. You may choose
to opt-out receiving promotional emails anytime by simply clicking the
unsubscribe button at the bottom of our emails. More information can be found
in our Privacy Policy.
Pricing
Travellarks supports an “indicative pricing’ approach for
properties listed and prices are subject to change at any time for any reason
by the Member or their delegate. For clarity, Travellarks does not set pricing
of properties offered on our Sites or any other promotional material.
The exception is Travellarks pricing in becoming Members
who have property listings and elect to become Members, for a pre-determined fee
following an approval process by Travellarks.
Please enquire about our fee structure by contacting us at
hello@travellarks.com.au.
Accommodation pricing is set by the Members or their
delegate/s. We rely upon Members to provide pricing that includes all taxes and
charges, including GST (as applicable). There may be additional surcharges
which are payable directly to the property owner which will be referred to based
on your enquiry to them. Prices are in Australian dollars (except where stated
otherwise) and are subject to change without notice.
We are not party to and cannot be held liable for any
dealings between Visitors, Members, and/or other users or third parties.
Loading content (for Members)
Our Site may enable you to upload, submit to us and/or
share text, images, photographs, data, weblinks, opinions, and/or other
materials (Content). Information about Members’ properties, travel and leisure
related activities may be based on material provided by third party businesses.
We do our best to verify the information provided to us by Members but we
cannot guarantee its accuracy on all occasions.
·
You
understand and agree that we cannot be held responsible for errors or omissions
caused by incorrect or inadequate information supplied to us or by you, as Members.
·
All
imagery and video on our Sites are for representational purposes only.
Whenever you make use of a feature that allows you to
upload or submit Content, or to contact other users of our Sites (including Members),
you must comply with our acceptable use & content standards (see section
below).
You warrant that any contribution complies with those
standards, and you will be liable to us and indemnify us for any breach of that
warranty. This means you will be responsible for any loss or damage we suffer because
of your breach of warranty.
Any Content you upload to our site will be considered
non-confidential and non-proprietary. As a Member you retain all ownership
rights of your Content, but not those created by Travellarks. You must grant us
a non-exclusive, royalty-free, irrevocable, perpetual, worldwide licence
(including the right to sub-licence) to use, store, copy, modify and adapt that
Content and to distribute and make it available to third parties via any
medium.
You warrant and represent that we also have the right
to disclose your identity to any third party, including any regulatory or
compliance authority in Australia, or who you ask us to contact on your behalf
or who is claiming that any Content posted or uploaded by you constitutes a violation
of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on
our Sites for any reason whatsoever including if, in our opinion, your post
does not comply with the acceptable use & content standards set out below.
The views expressed by other users on our Sites do not
represent our views or values.
Acceptable use & Content standards
a. Unacceptable
behaviours and prohibited
uses
You may use our Site only for lawful purposes.
You may not use our Sites…
- in any way that breaches any applicable local,
national or international law or regulation;
- in any way that is unlawful or fraudulent, or has
any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm
minors in any way;
- to send, knowingly receive, upload, download, use
or re-use any material which does not comply with our content standards
(set out below);
- to transmit, or procure the sending of, any
unsolicited or unauthorised advertising or promotional material or any
other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload
any material that contains viruses, Trojan horses, worms, time-bombs,
keystroke loggers, spyware, adware or any other harmful programs or
similar computer code designed to adversely affect the operation of any
computer software or hardware;
- for data mining, robots (‘bots”), screen scraping
or similar data gathering and extraction tools on Sites except with our
prior express written consent.
- use our brandmarks, logos or trademarks unlawfully;
- to support include spamming, using bots, or
posting defamatory content.
- to engage in an activity that interferes with or
disrupts the site or the servers and networks that host the Site.
- To attempt to, circumvent, disable or otherwise
interfere with security-related features of the Site or features that
prevent or restrict use or copying of any content or enforce limitations
on the use of the Site or the content.
You understand and agree:
- not to reproduce, duplicate, copy or re-sell any
part of our Sites in contravention of the provisions of our terms of Site
use;
- not to access without authority, interfere with,
damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is
stored;
- any software used in the provision of our Site;
or
- any equipment or network or software owned or
used by any third party; and
- any suspected fraudulent, abusive or illegal
activity which may be referred to appropriate law enforcement authorities.
b.
Content standards
These content standards apply to all Content which you
contribute to our Sites or submit to us and requires your compliance. Your
content must:
- be accurate (where they state facts).
- be genuinely held (where they state opinions).
- comply with applicable law in Australia from
which they are posted.
Your content must not:
- use, copy, distribute or commercialise content
except as permitted by this User Agreement, by law or with our prior
written consent.
- be fraudulent, abusive or support any illegal
activity that may be referred to appropriate law enforcement authorities.
- contain any material which is defamatory of any
person; is obscene, offensive, hateful or inflammatory.
- promote sexually explicit material or violence.
- promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
- infringe any copyright, database right or
trademark of any other person.
- be likely to deceive someone
- be made in breach of any legal duty owed to a
third party, such as a contractual duty or a duty of confidence.
- be threatening, abuse or invade another’s
privacy, or cause annoyance, harass, upset, embarrass, alarm or annoy any
other person.
- be used to impersonate someone else, or to
misrepresent your identity or affiliation with any person.
- give the impression that they originate from us,
if this is not the case.
c. Content breaches
We reserve the right to determine if a breach of
content standards has occurred, and may result in our taking all or any of the
following actions:
- immediate, temporary or permanent withdrawal of
your right to use our Sites.
- immediate, temporary or permanent removal of any
posting or material uploaded by you to our Sites.
- issue of a warning to you.
- legal proceedings against you for reimbursement
of all costs on an indemnity basis (including, but not limited to,
reasonable administrative and legal costs) resulting from the breach.
- further legal action against you.
- disclosure of such information to law enforcement
authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to
breaches of our terms of use, including our acceptable use and content
standards. The responses described above are not limited, and we may take
any other action we reasonably deem appropriate.
Links to third party sites
Our Sites may include links to other websites, content various
social media or resources. These linked Sites, content or resources may be
operated by third parties and we may have no responsibility or control over
them.
The existence of these links does not imply that we endorse the
linked website, content or resource. You acknowledge that we may have not
reviewed any of these third-party websites, content, resources or related
materials and we are not responsible for the material contained therein.
Where our Sites contain links to other sites and
resources provided by third parties, these links are provided for your
information only. We have no control over the contents of those sites or
resources.
We may also provide information about third party providers,
as well as the opportunity to purchase such products and services and who will
have its own terms and conditions which you should read prior to using their site,
or purchasing any products or services.
Viruses
We do not guarantee that our Site or those of third-party
sites will be secure or free from bugs or viruses. You are responsible for
configuring your information technology, computer programmes and platform to
access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing
viruses, trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised access to
our Site, the server on which our Site is stored or any server, computer or
database connected to our Site. You must not attack our Site via a
denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them.
Linking to our Sites
You may link to our Site, provided you
do so in a way that is fair and legal and does not damage our reputation or
take advantage of it.
You must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
where none exists.
Our Site must not be framed on any other
Site.
We reserve the right to withdraw linking
permission without notice.
The Site in which you are linking must
comply in all respects with the content standards set out above.
User data removal
You have the right to request the deletion of your
user account by contacting us at hello@travellarks.com.au
Please note that the deletion of your account shall
not affect your Content already published on our Sites or elsewhere, which may
continue to be stored by us. Our right to store and use Content in accordance
with these terms of use shall be unaffected.
Content removal process
Whilst we monitor the Content published on our Sites
we are not obligated do so. However, we may remove, edit and/or block Content
or accounts posting Content that we determine at our sole discretion violates
these terms of use.
If you become aware of any Content which you believe
may violate these Terms, is incorrect, defamatory, offensive, illegal, or
invades your privacy, please contact us immediately at
hello@travellarks.com.au.
Our obligation is to review the Content brought to our
attention and determine whether it should be removed. As ‘innocent
disseminators’ of the Content on these Sites, our policy is to remove Content
only when there is a clear legal obligation for us to do so.
We will notify you of our decision as soon as
reasonably practicable. If you disagree with our judgement on the removal of
Content and still wish it to be removed, we ask that you contact us immediately
in writing at hello@travellarks.com.au.
Change of Company control
Subject to relevant laws, if we merge,
sell or otherwise change control of our business or these Sites, we reserve the
right, without giving notice or seeking consent, to transfer or assign your
Personal Information, content and rights that we have collected from you and
any agreements we have made with you.
Limitation of our liability
Travellarks advertises places to stay
and affiliated leisure activities, which will be provided by Members or other third-party
suppliers. The Company does not itself
provide the transport, accommodation, meals or other facilities described on these
Sites.
The
Company bears no responsibility as an intermediary and cannot be held
responsible in case of damage caused to you by any of our suppliers, caused by
you to our suppliers. You therefore commit to indemnify and hold harmless the
Company against all damages (whether general, special, consequential,
incidental exemplary or otherwise, including without limitation, loss of data,
income or profits), or claims made by you. The above provisions do not apply to
benefit the Company if the cause of the loss or claim against the Company
arises directly because of a breach of any of these terms by the Company.
Travellarks cannot and does not represent or warrant
that these Sites or their servers will be error-free, uninterrupted free from
unauthorised access (including third-party hackers or denial or service
attacks) or otherwise meet your requirements.
Under no circumstances shall Travellarks or its
employees, directors, or officers or agents be liable for any direct or
indirect losses or damages arising out of or in connection with your use or
inability to use these Sites.
If you are dissatisfied with the Sites, that your use
of the Sites, any Content of the Sites, or these Terms and Conditions, your
sole and exclusive remedy is to discontinue using the Site immediately. You
acknowledge by your use of the Sites is at your sole risk. Applicable law may
not allow the limitation of liability set forth above, so this limitation of
liability may not apply to you, and you may have rights additional to those
contained herein.
To the extent permitted by law, we exclude all
conditions, warranties, representations or other terms which may apply to our Sites
or any content on it, whether express or implied.
We will not be liable to any user, Visitor or Member for
any loss or damage, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with:
- use of, or inability to use, our Sites; or
- use of or reliance on any content displayed on
our Sites
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or
reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by
a virus, distributed denial-of-service attack, or other technologically harmful
material that may infect your computer equipment, computer programs, data or
other proprietary material due to your use of our Sites or to your downloading
of any content on it, or on any Sites linked to it.
We assume no responsibility for the content of websites
linked to or from our Site. Such links should not be interpreted as endorsement
by us of those linked websites. We will not be liable for any loss or damage
that may arise from your use of them.
We cannot be liable for any attempt made to scam or
defraud any user of our Sites by any third party. You are responsible for
satisfying yourself as to the identity and trustworthiness of any person who
contacts you in connection with your use of our Sites and related services.
Dispute Resolution
This User Agreement will be governed by and
interpreted in accordance with the laws of New South Wales, Australia. You
irrevocably submit to the exclusive jurisdiction of the courts of NSW. You and
we both agree to that the courts of NSW will have exclusive jurisdiction in
relation to any claim or dispute. To contact us, please email hello@travellarks,com.au
TL002_User Agreement_Terms_Conditions reviewed 10 April 2023.
