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Terms of Service

Last Updated: October 1, 2023

Table of Contents

  • 1. Acceptance of Terms
  • 2. Changes to Terms
  • 3. Services and Products
  • 4. User Accounts
  • 5. Bookings and Reservations
  • 6. Payments and Cancellations
  • 7. User Conduct
  • 8. User-Generated Content
  • 9. Intellectual Property
  • 10. Third-Party Links
  • 11. Disclaimer of Warranties
  • 12. Limitation of Liability
  • 13. Indemnification
  • 14. Termination
  • 15. Governing Law
  • 16. Dispute Resolution
  • 17. Severability
  • 18. Entire Agreement
  • 19. Contact Us

1. Acceptance of Terms

By accessing or using the Aussie Wanderlust website (the "Site"), booking any services, or interacting with any features offered through the Site, you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Aussie Wanderlust ("we," "us," or "our").

If you do not agree to these Terms, you must not access or use the Site or our services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms regularly to stay informed about our terms of service.

3. Services and Products

Aussie Wanderlust offers tourism services including but not limited to travel planning, guided tours, accommodations, transportation arrangements, and other travel-related services in Australia.

We strive to provide accurate descriptions of our services, but we reserve the right to modify, suspend, or discontinue any service at any time without notice or liability.

All services are subject to availability and may change without notice. Prices for our services are subject to change without notice.

4. User Accounts

To access certain features of the Site or to book services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to disable any user account at any time in our sole discretion, including if we believe you have violated these Terms.

5. Bookings and Reservations

When making a booking through our Site, you agree to provide accurate and complete information for all travelers included in the booking.

Booking confirmations are subject to availability and acceptance by the relevant service providers. A booking is not confirmed until you receive a written confirmation from us.

You are responsible for ensuring that all travelers in your booking have the necessary travel documents (such as passports, visas, and health certificates) required for entry into Australia and for participating in the booked activities.

6. Payments and Cancellations

Payments: Payment terms will be specified at the time of booking. We accept various payment methods as indicated on the Site. All prices are in Australian Dollars (AUD) unless otherwise specified.

Deposits: Some bookings may require a deposit to secure your reservation. The deposit amount and payment terms will be specified at the time of booking.

Cancellations: Our cancellation policy varies depending on the type of service booked and will be provided at the time of booking. Generally:

  • Cancellations made 60+ days before the start date: Full refund minus admin fee
  • Cancellations made 30-59 days before the start date: 50% refund
  • Cancellations made 0-29 days before the start date: No refund

Changes: Changes to confirmed bookings are subject to availability and may incur additional fees.

Refunds: Refund processing times vary depending on your payment method and financial institution.

7. User Conduct

While using our Site and services, you agree not to:

  • Violate any applicable law or regulation
  • Infringe upon the rights of others
  • Submit false or misleading information
  • Engage in any activity that interferes with or disrupts the Site or services
  • Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
  • Use the Site for any commercial purpose without our prior written consent
  • Engage in any behavior that could harm, endanger, or disrupt the experience of other travelers

8. User-Generated Content

Our Site may allow you to post, submit, publish, display, or transmit content such as reviews, comments, photos, or other materials ("User Content").

By posting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that:

  • You own or control all rights to the User Content you post
  • The User Content is accurate and not misleading
  • The User Content does not violate these Terms and will not cause injury to any person or entity

We have the right, but not the obligation, to monitor, edit, or remove any User Content.

9. Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, videos, and audio) are owned by Aussie Wanderlust, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your Web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution

10. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Aussie Wanderlust.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

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 use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, AUSSIE WANDERLUST DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

We do not guarantee, represent, or warrant that your use of our Site or services will be uninterrupted, timely, secure, or error-free.

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AUSSIE WANDERLUST, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

13. Indemnification

You agree to defend, indemnify, and hold harmless Aussie Wanderlust, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

14. Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Site or contact us to delete your account.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law

These Terms shall be governed by 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. Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be settled through negotiation, it shall be submitted to mediation in Sydney, New South Wales, Australia, in accordance with the mediation rules of the Australian Disputes Centre.

If the dispute is not resolved through mediation within 60 days of the commencement of mediation, or such other period as the parties may agree in writing, then either party may initiate legal proceedings in the courts of New South Wales, Australia.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices and agreements published by us on the Site, shall constitute the entire agreement between you and Aussie Wanderlust concerning the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.

19. Contact Us

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

Aussie Wanderlust
123 Harbour Street
Sydney, NSW 2000
Australia

Phone: +61 2 1234 5678
Email: [email protected]

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