1. These Subscriber Conditions

1.1 This website www.detouru.com (this Website) is owned and operated by Tripndestinations Pty Ltd, ACN 662 938 338 (Tripndestinations, we, us or our). This page sets out the terms and conditions (these Subscriber Conditions) under which you may apply for and become a detour subscriber (Subscriber)

1.2 Please read these Subscriber Conditions carefully since they govern the terms of your Subscription.

1.3 By accepting these Subscriber Conditions by applying to become a Subscriber as described below, the person so accepting (you or your) offer to enter into a binding and enforceable agreement with Tripndestinations. The terms of this agreement are the Terms of Use, being, collectively, these Subscriber Conditions, the General Terms of Use, the Competition Conditions, the Travel Terms and Conditions, the Privacy Policy, and any other notices, disclaimers and statements contained on this Website (all collectively, the Terms of Use).

1.4 By accepting these Subscriber Conditions as described below, you represent and warrant to us that:

(a) you are at least 18 years old, and reside in and access this Website within the State of New South Wales, Australia or from another place where such access is legal and permissible;

(b) you are eligible, legally and otherwise, to be a Subscriber;

(c) all the information you have provided to us is accurate, true and correct in every particular;

(d) you are becoming a Subscriber for your personal benefit or that of your family, friends or travelling companions, and that you will not sell, exchange or dispose of for consideration any benefit you may receive or otherwise as a result of your being a Subscriber;

(e) you have read and understand these Subscriber Conditions as well as the other Terms of Use; and

(f) you will promptly inform us if any of the preceding representations and warranties cease to be true or applicable to you, or if any of the information you have provided to us ceases to be accurate, true or correct.

You authorize us to make our own investigations into the truth and accuracy of the representations referred to in paragraphs (a)-(f) and, in so doing, to make use of any personal information you may have provided to us.

1.5 We may amend or update these Subscriber Conditions and the other Terms of Use by updating this Website. We may do this at any time and from time to time for any reason; for example, to reflect changes to our offerings or our users’ needs, or to reflect a change in our business priorities. You agree to be bound by any such amendment or update.

1.6 Certain words and terms used in these Subscriber Conditions are defined in clause 8 (Interpretation).

2. A DeTourU Subscriber

2.1 To be eligible to become a Subscriber you must:

(a) be at least 18 years old;

(b) reside in the State of New South Wales, Australia, or in another state or country in relation to which your accessing this Website is lawful and permissible; and

(c) not be a director, officer, employee or agent of Tripndestinations or of a Tripndestinations Affiliate, or the spouse or a parent or child of such director, officer, employee or agent.

2.2 Becoming a Subscriber confers on the Subscriber the right to purchase and receive discounts on product and services, together with other benefits, subject to the Subscriber continuing to comply with the other requirements of these Subscriber Conditions and the other Terms of Use.

2.3 Becoming a Subscriber does not:

(a) constitute the Subscriber as a shareholder or the holder of any security or financial product of or in Tripndestinations or any Tripndestinations Affiliate; or as a partner or associate of or joint venturer with Tripndestinations or any Tripndestinations Affiliate; or

(b) create or give rise to any agency or fiduciary relationship between Tripndestinations or any Tripndestinations Affiliate on the one hand, and you on the other hand.

The rights and benefits conferred by becoming a Subscriber are contractual only, and confer only the rights and benefits expressly provided for in these Subscriber Conditions and the other Terms of Use.

3. Application to become a Subscriber

3.1 If you wish to apply to become a Subscriber, you must do so by completing the Subscriber Application Form on the “Forms” page of this Website. You must complete all the fields which are stated to be mandatory, including a valid postal address and email address, and you must complete the Application Form in your own name. If you do not comply with these requirements, your application cannot be processed, and, if you are granted the right to become a Subscriber and are found not to have complied with these requirements, then your admission as a Subscriber is subject to suspension or cancellation (see clause 4).

3.2 By applying to become a Subscriber, you acknowledge that you are solely responsible for determining whether you are eligible to be a Subscriber, and to receive the benefits of being a Subscriber.

3.3 The submission of an Application to become a Subscriber does not give you the right to be a Subscriber, which is in the sole discretion of Tripndestinations .

3.4 You may elect to have your Subscription (whether a Monthly Subscription or an Annual Subscription) automatically renew as either a Monthly Subscription or as an Annual Subscription, in which case your credit card payment authorisation, if required, will continue in effect for as long as your Subscription continues.

3.5 When your Application to become a Subscriber is accepted, we will create a Subscribers account for you (your Subscriber Account), which will enable you to keep track of matters pertaining to you being a Subscriber. Your Subscriber Account will be able to be accessed only by you, and the personal information in your Subscriber Account will be treated as personal information to which our Privacy Policy (on this Website) applies.

4. Cancellation and cessation of being a Subscriber and disqualification

4.1 You may cancel your Subscribers Account in accordance with the instructions set out on your Subscriber Account.

If you give us notice of cancellation of your wish to be a Subscriber prior to the expiration of a Monthly, Annual or other term of being a Subscriber, then you will not be eligible to receive any refund or credit, where applicable, for the unexpired period, but you will continue as a Subscriber until the end of the then-current monthly, annual or other term, and you will remain eligible to be a Winner in any Competition which is drawn prior to the expiration of your term as a Subscriber.

4.2 We may at any time to suspend or (at our option) cancel your being a Subscriber if:

(a) any information you have provided to Tripndestinations in your Subscriber Application form or at any other time is or is found to be false, incorrect or inaccurate (including incorrect email or postal contact details);

(b) any representation or warranty made or given by you, or deemed by these Subscriber Conditions to have been made or given, is found not to have been true and correct when made or has subsequently ceased to be true and correct;

(c) you, or any person for whom you are responsible (including a travelling companion), breach any provision of these Subscriber Conditions or any other Terms of Use;

(d) in any other manner you gain or attempt to gain an unfair advantage or to manipulate a Competition;

(e) you become bankrupt or insolvent or you enter into a compromise or arrangement for the benefit of your creditors generally;

(f) if required to do so by the law or regulation of, or any governmental entity or authority in, the State of New South Wales, Australia; or

(g) we decide to for any business or other reason to terminate your Subscriber Account

4.3 The cancellation of your Subscriber Account includes the cancellation of all benefits of being a Subscriber, such as right to receive offers of product or purchase product at a discount;

4.4 Tripndestinations has sole right and discretion to determine whether clause 4.2 applies in the case of any Subscriber, and in making that determination:

(a) Tripndestinations may request whatever documentation and information it reasonably requires to enable it to make the determination; and

(b) the Subscriber must promptly provide any requested documentation and information to Tripndestinations.

5. Disclaimers and liability

5.1 Neither Tripndestinations nor any Tripndestinations Affiliate has or accepts any responsibility to you or any other person for any liability, personal injury, loss, damage or cost (whether arising in contract, tort, negligence or otherwise, and including indirect, consequential or economic loss or damage) incurred or suffered by you or any other person arising in any way out of your applying for, accepting or maintaining Subscription including:

(a) any technical difficulties, equipment malfunction, any delayed email, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical problems or traffic congestion on the internet or any website (whether or not under the control of Tripndestinations or any Tripndestinations Affiliate);

(b) any theft, destruction, unauthorised access to or corruption of data (whether caused by accident or third party interference);

(c) any tax liability incurred by a Subscriber; or

5.2 The disclaimers and the limitations of liability under this clause 5 do not apply where and to the extent that liability under any statute cannot be excluded.

5.3 We also refer you to the limitations of liability and responsibility applying to as a result of entering into any transaction or making any decision with any purchase of a product or service, and under our Privacy Policy.

6. Privacy

6.1 By applying to become a Subscriber, you are taken to consent to:

(a) our using your personal information and to our disclosing your personal information to third party organisations; and

(b) receiving promotional and marketing literature and messages from us, Tripndestinations Affiliates for an indefinite period of time (however, you will be able to opt out of electronic communications in accordance with the instructions provided by the sender of such literature or messages).

If you do not provide, or if you withhold consent to the provision of, your personal information, you may not be able to purchase any products or services, or participate in any competition or other promotion offered, through this website.

6.2 For information about how we may use your personal information, and as to your rights under applicable privacy laws, please refer to our Privacy Policy, which are a part of our Terms of Use, on this Website.

7. Governing law and jurisdiction

7.1 These Subscriber Conditions are be construed and interpreted in accordance with and are governed by the law of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any matter arising under or in relation to the meaning or application of these Subscriber Conditions.

8. Interpretation

8.1 In these Subscriber Conditions, except where the context otherwise indicates:

(a) Subscriber means a person who becomes a Subscriber under our Subscriber Conditions;

(b) our Privacy Policy means the Tripndestinations Privacy Policy published on this Website, as in force from time to time;

(c) the General Terms means the General Terms and Conditions published on this Website, as in force from time to time;

(d) the Terms of Use means, collectively, the General Terms, these Subscriber Conditions, our Competition Conditions, our Travel Terms and Conditions; and our Privacy Policy, as in force from time to time;

(e) our Competition Conditions means the Tripndestinations Competition Terms and Conditions published on this website as in force from time to time;

(f) the Travel Conditions means the Travel Conditions published on this site as in force from time to time;

(g) these Subscriber Conditions means these Subscriber Conditions published on this Website, as in force from time to time;

(h) we, us or our means Tripndestinations;

(i) Tripndestinations means Tripndestinations Pty Ltd, ACN 662 938 338, incorporated in the State of New South Wales, Australia;

(j) Tripndestinations Affiliate means any person with whom Tripndestinations is associated or affiliated, including its related companies, directors, officers, employees, agents, brokers, representatives and licensors;

(k) you or your means the or a person who accesses or uses the Subscribers Account page of this Website;

(l) a word indicating a person includes a body corporate (wherever incorporated), a partnership, an association, a governmental body or agency, and an entity of any other kind;

(m) the word “including” is not a word of limitation;

(n) the singular includes the plural and vice versa; and

(o) a word indicating a gender includes any gender.

8.2 In these Subscriber Conditions, headings are to be ignored in interpretation.

Effective Date: 1st September 2023