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”), other ancillary services of travel and other leisure activities. Travellarks does not provide any of the travel, accommodation or other activities described on this Site. For clarity, Travellarks is not the booking agent of any properties or ancillary travel.
By using the website travellarks.flywheelstaging.com (“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, or registering to use our Sites and includes requests for, or providing information about properties already listed or those for potential future listings.
As users of any of Travellarks’ Sites, 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.
Travellarks may modify its terms and conditions without notice at any time and shall be dated with the most recent revision.
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.
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.
User accounts & passwords
- You agree to provide accurate and complete information and to keep this information current.
- 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:
- Visitors: Accounts for guests or visitors or general public access (“Visitors”) enables people to use Travellarks, to view, select listings as favourites, provide feedback, and access other functionality available from time to time.
For any concerns, please notify us at firstname.lastname@example.org 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.
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, photographs, video or audio content, 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 our 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 email@example.com
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 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.
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 firstname.lastname@example.org.
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 as a result 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 may only use Content generated by us, with our written consent
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.
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 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 & conditions which you should read prior to using their site, or purchasing any products or services.
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 email@example.com
Content removal process
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 firstname.lastname@example.org.
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 email@example.com.
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 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.
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