Terms of Service
Last Updated: June 1, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Aussie Wanderlust website (the "Service") operated by Aussie Wanderlust Pty Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Use of the Service
1.1 Eligibility
You must be at least 18 years of age to use this Service. By using the Service and agreeing to these Terms, you represent and warrant that you are at least 18 years of age.
1.2 Account Registration
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
1.3 Acceptable Use
You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation
- To impersonate or attempt to impersonate Aussie Wanderlust, an Aussie Wanderlust employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm Aussie Wanderlust or users of the Service
2. Bookings and Payments
2.1 Booking Process
By completing a booking through our Service, you are offering to purchase the travel services indicated in your booking. All bookings are subject to availability and acceptance by the relevant service providers.
2.2 Prices and Payment
All prices are quoted in Australian Dollars (AUD) and include GST where applicable. Payment must be made in full at the time of booking unless otherwise specified. We accept payment via credit card, debit card, and other methods as indicated on our website.
2.3 Booking Confirmation
A booking is confirmed once you have received a confirmation email from us with a booking reference number. Please check all details in the confirmation email carefully and contact us immediately if any information is incorrect.
2.4 Cancellations and Refunds
Cancellation and refund policies vary depending on the specific tour, experience, or service booked. These policies will be clearly communicated during the booking process and in your booking confirmation. Please read these policies carefully before making a booking.
In the event that we cancel a tour or experience due to unforeseen circumstances, you will be offered an alternative date or a full refund.
3. Intellectual Property
3.1 Service Content
The Service and its original content, features, and functionality are and will remain the exclusive property of Aussie Wanderlust and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Aussie Wanderlust.
3.2 User Content
By posting, uploading, or otherwise sharing content on or through the Service ("User Content"), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service.
You represent and warrant that:
- You own the User Content or have the right to use it and grant us the rights and license as provided in these Terms
- The posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person
We reserve the right to remove any User Content from the Service at our discretion, without prior notice, for any reason or no reason, including if we determine that the User Content violates these Terms.
4. Third-Party Links
Our Service may contain links to third-party websites or services that are not owned or controlled by Aussie Wanderlust.
Aussie Wanderlust has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Aussie Wanderlust 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.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
5. Disclaimers and Limitation of Liability
5.1 Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Aussie Wanderlust does not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location
- Any errors or defects will be corrected
- The Service is free of viruses or other harmful components
- The results of using the Service will meet your requirements
5.2 Travel Advisories and Warnings
You acknowledge that you are responsible for checking relevant government travel advisories and warnings before booking any travel services. Aussie Wanderlust is not responsible for any travel warnings or advisories that may be issued for your chosen destinations.
5.3 Limitation of Liability
In no event shall Aussie Wanderlust, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
To the maximum extent permitted by applicable law, the total liability of Aussie Wanderlust and its affiliates for any claims under these Terms, including for any implied warranties, is limited to the amount you paid to use the Service.
6. Indemnification
You agree to defend, indemnify, and hold harmless Aussie Wanderlust, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
- Your access to or use of the Service
- Your violation of these Terms
- Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
- Any content you upload, post, or transmit through the Service
7. Governing Law
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.
8. Changes
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 Service 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 Service.
9. Contact Us
If you have any questions about these Terms, please contact us at:
Aussie Wanderlust123 Harbor View Road
Sydney, NSW 2000
Australia
Email: [email protected]
Phone: +61 2 9876 5432