1. This Website
1.1 The website www.detouru.com (this
Website) is owned and operated by Tripndestinations Pty Limited, ACN
662 938 338 (Tripndestinations, we, us or our).
Access to and use of this Website on the part of the person accessing or using
it (you or your) is subject to these General Terms
and Conditions (these General Terms), our Subscriber Conditions, our
Competition Conditions, our Travel Terms and Conditions, our Privacy Policy,
and any other notices, disclaimers and statements contained on this Website
(all collectively, the Terms of Use).
1.2 You use this Website at your own risk. By
accessing this Website, you agree to be bound by the Terms of Use in force at
the time of access. If you do not accept these General Terms and the other
Terms of Use, do not access or use this Website.
1.3 We may amend or update these General Terms
and the other Terms of Use at any time by updating this Website, including the
Terms of Use set out on this Website. We may do this at any time and from time
to time for any reason; for example, to reflect changes to our products or our
users’ needs, or to reflect a change in our business priorities.
1.4 Certain words and terms used in these
General Terms are defined in clause 12 (Interpretation).
2. Other terms and conditions
2.1 These General Terms must be read in
conjunction with any other applicable terms and conditions governing the use of
this Website or any transaction involving use of our Subscriber Conditions, our
Competition Conditions and our Travel Terms and Conditions. If you become a
Subscriber and enter a Competition through this Website, your doing so will be
subject to our Subscriber Conditions, our Competition Conditions and, if you
are a Competition winner, our Travel Terms and Conditions.
2.2 The provision of all products and services
through or using this Website (including those provided directly by Tripndestinations
Affiliates (as defined in clause 12 (Interpretation) or by our suppliers and
business partners, whether over the telephone, by email, via social media, online
chat, or in-store), are governed by the Terms of Use.
3. Use of this Website
3.1 This Website is directed to and is for
users who are at least 18 years old, and who reside in and access this Website within
the state of New South Wales, Australia.
3.2 Content on this Website relating to
products or services have been prepared in accordance with the law of the State
of New South Wales, Australia, and may not satisfy the laws of any other
country. If you access this Website from outside the state of New South Wales,
you do so at your own risk and you are responsible for compliance with laws
applicable to your accessing this Website from the country of your location.
3.3 We do not represent that content available
on or through this Website, including products or services or conditions of
access or use (including our Privacy Policy) is appropriate for use or available
in any other country, or will comply with the laws of any other country. It is
your responsibility to satisfy yourself as to these matters, and if your access
to or use of this Website does not so comply, then you must not apply to become
a Subscriber or enter into a Competition or order or acquire any Products or
Services from or through this Website.
3.4 You must ensure that each person who
accesses this Website through your internet connection is aware of these General
Terms and the other Terms of Use, and will comply with them.
3.5 We may suspend or withdraw or restrict the
availability of all or any part of this Website for business and operational
reasons. We will try to give you notice of any suspension or withdrawal, but
this may not be possible or practicable.
4. Linking to this Website and
security
4.1 You are responsible for configuring your
technology to access this Website. You should use your own virus protection
software.
4.2 If you choose, or you are provided with,
account login details, a user identification code, password or any other information
as part of our security procedures, you must treat such information as
confidential. You must not disclose it to any third party.
4.3 You may link to the home page of this
Website, provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it. For example:
(a) 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; and
(b) this Website must not be framed on any
other website, nor may you create a link to any part of this Website other than
the home page.
4.4 We may at any time and without notice:
(a) withdraw linking permission to this
Website; or
(b) disable any account login details, user
identification code 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 General Terms or other Terms of Use.
4.5 If you know or suspect that anyone other
than you knows your account login details, user identification code or password,
you must promptly notify us at our email, [email protected].
5. How you may use material on this
Website
5.1 We are the owner or a licensee of all
intellectual property rights in this Website, and in the works and material published
on it. Those works and material are protected by copyright, service mark,
industrial design and other intellectual property laws and treaties around the
world. We reserve all such rights on our behalf and on behalf of our licensors.
5.2 You may download extracts of pages from
this Website for your personal use and you may draw the attention of others to
content posted on this Website. You must not in any way modify any paper or
digital copies of any materials you have printed or downloaded, and you must
not use any illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text.
5.3 If you transmit or otherwise use any of the
content on this Website, you must expressly acknowledge our status (and that of
any identified contributors) as the authors of that content.
5.4 If we provide social media features such as
the ability to share content, you may take such only actions as are stated as
being enabled by such features.
6. Prohibited uses and prohibited
activities
6.1 You may use this Website only for lawful
purposes and in accordance with these General Terms, including clause 5.
Without limiting the scope and intent of the immediately preceding sentence,
you must not use this Website:
(a) in any way that violates or breaches any
applicable federal, state, local or international law or regulation (including
laws regarding the export of data or software to and from other countries);
(b) for the purpose of exploiting, harming or
attempting to exploit or harm minors in any way by exposing them to
inappropriate content, asking for personal information or otherwise;
(c) to transmit, or permit the transmission of,
any advertising or promotional material without our prior written consent,
including any junk mail, chain letter or spam or any other solicitation or
inappropriate material;
(d) to impersonate or attempt to impersonate
us, any of our employees, another user or any other person or entity (including
by using email addresses or screen names associated with any of the foregoing);
or
(e) to engage in any other conduct that
restricts or inhibits anyone's use or enjoyment of this Website, or which we
consider will or may cause any financial, reputational or other loss or damage
to us or users of this Website, or expose us or them to liability or the risk
of liability.
6.2 You must not in your use of this Website:
(a) do anything that could disable, overload,
damage, or impair this Website or interfere with any other person’s use of this
Website, including their ability to engage in real-time activities through this
Website;
(b) take any action that imposes or may impose
(in our sole discretion) an unreasonable or disproportionately large load on
our infrastructure;
(c) use any robot, spider or other automatic
device, process or means to access this Website for any purpose, including
monitoring or copying any of the material on this Website;
(d) use any device, software or routine that
interferes with the proper working of this Website;
(e) introduce any viruses, Trojan horses,
worms, logic bombs or other material which is malicious or technologically
harmful;
(f) attempt to gain unauthorised access to,
interfere with, damage or disrupt any parts of this Website, the server on
which this Website is stored, or any server, computer or database connected to
this Website;
(g) attack this Website via a denial-of-service
attack or a distributed denial-of-service attack;
(h) use any manual process to monitor or copy
any of the material on this Website or for any other unauthorised purpose
without our prior written consent;
(i) bypass or attempt to bypass measures we may
use from time to time to prevent or restrict access to this Website;
(j) circumvent or manipulate any content or
process, including financial arrangements or information, prize allocation
processes, or relationships between or among us, our Subscribers, our suppliers
or any third parties;
(k) delete or alter any copyright, trademark or
other proprietary rights notices from copies of materials from this Website; or
(l) attempt to do any of the foregoing, or
otherwise attempt to interfere with the proper working of this Website.
6.3 You must not use any part of the content on
this Website for commercial purposes without obtaining a licence to do so from
us or, if appropriate, our licensors, affiliates or business partners.
6.4 If you breach these General Terms in any
manner, including engaging in prohibited conduct as specified in clauses
6.2 and 6.3, then your permission to use this
Website will cease immediately and you must, at our request, return or destroy
any copies of the materials generated by your accessing or using this Website.
6.5 We may report any breach of these General
Terms or other Terms of Use to relevant law enforcement authorities and we will
co-operate with those authorities, including (and subject to our Privacy
Policy) by disclosing your identity to them.
7. Copyright, trademarks and
intellectual property rights
7.1 "deTourU", “Tripndestinations” and
all related names, logos, product and service names, designs and slogans are
our trademarks or the trademarks of Tripndestinations Affiliates. You must not
use such marks without our prior written permission unless they are part of
material you are using as permitted under the Terms of Use. Other names, logos,
product and service names, designs and slogans on this Website are the trademarks
of their respective owners and are used by us under licence.
7.2 You may use the information contained in
this Website for your own personal reference only. This Website and its
contents (including its “look and feel”) are copyright and, except as permitted
under copyright or other applicable law, no portion of this Website or its
contents may be reproduced, adapted, distributed, displayed, or transmitted to
any other person or incorporated in any way into another website, document or
other material, without (in any such case) our prior written consent.
8. Website links and third party
information and material
8.1 This Website may provide links (including
banner advertisements and sponsored links) to other websites operated by third
parties. In that event, you acknowledge to us that:
(a) those websites are not affiliated with us
in any way, and we do not control or endorse and are not responsible for their
content, and they are not approved by us;
(b) if those linked third-party websites
provide links to other websites, it does so for your convenience only;
(c) those links are provided for your
information only; and
(d) you access third party websites entirely at
your own risk and subject to the terms and conditions of use for those
websites.
8.2 This Website may provide information and
material that is written and prepared by people who are not connected with us.
Such material is provided solely for your interest and convenience, and we are
not responsible for the content or accuracy of that material.
9. Disclaimers and liability
9.1 This Website is provided on an "as
is" and "as available" basis, and the use of this Website is at
your sole risk. We make no representations or warranties, express or implied:
(a) that this Website, or any content on it, is
or will be available or be uninterrupted;
(b) that this Website is or will be secure or
free from bugs or viruses or anything else (such as worms or
Trojan horses) that may interfere with or
damage the operation of your computer systems or your mobile device;
(c) that the content on this Website is
accurate, complete or up-to-date, nor do we undertake to keep information on
this Website updated; and
(d) regarding the operation or availability of
this Website, including as to accuracy, timeliness, availability or completeness.
9.2 Having regard to clause 9.1, you must take
your own precautions to ensure that whatever you select for your use from this
Website will meet your requirements and will not interfere with or damage the
operation of your computer systems or your mobile device.
9.3 Neither Tripndestinations nor any
Tripndestinations Affiliate:
(a) gives any warranty (express or implied) in
relation to the form, content or functionality of this Website, and all
conditions, warranties, representations and liability, whether express or
implied, and whether arising under statute or the general law;
(b) makes any representation or warranty as to
the quality, accuracy, reliability, timeliness or completeness of material on
this Website or material in websites linked to this Website;
(c) has or accepts any responsibility to you
for any liability, 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 any person by reason of accessing or relying
on this Website or any of its content, or by reason of the supply or non-supply
of this Website or otherwise in connection with these General Terms, even if
advised of the possibility of such liability, loss, damage or cost; and
(d) has or accepts any responsibility to you in
respect of any claim or proceeding by a third person against you arising in
connection with this Website.
9.4 By accessing or using this Website you
agree to release and discharge Tripndestinations and each Tripndestinations Affiliate
from all liability suffered or incurred by you as a result of your use of this
Website and not to make any claim against Tripndestinations and any
Tripndestinations Affiliate which but for this release and discharge you would
or might have been entitled to make.
9.5 The liability of Tripndestinations or any
Tripndestinations Affiliate for any loss relating to the Website and any products
or services provided under the Terms of Use is limited to providing any such
products and services again or paying the cost of providing those products and
services again (as determined by Tripndestinations in its discretion). In no
event is Tripndestinations or any Tripndestinations Affiliate to be liable to
you for any loss of profit, loss of opportunity, or any economic or other
indirect or consequential loss, or for any loss of data, loss of use, personal
injury or death, pain and suffering or emotional distress, whether caused by
tort (including negligence), breach of contract or otherwise, even if
foreseeable.
9.6 The disclaimers and the limitations of
liability under this clause 9 do not apply where and to the extent that
liability under any statute cannot be excluded.
9.7 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 (including under our Subscriber Conditions or our
Competition Conditions) in connection with any acquisition of products or
services (including under our Travel Terms and Conditions) on this Website, and
under our Privacy Policy.
10. Other interests
10.1 Tripndestinations or a Tripndestinations
Affiliate may have a direct or indirect interest in products or services offered
or displayed on or through this Website, including products and services
referred to or provided under our Travel Terms and Conditions, or in the
persons offering or providing such products or services. By accessing or using
this Website you acknowledge that such interest does not give rise to any
liability to you in respect of any
products or services provided to you except to
the extent provided in clause 9 (Disclaimers and liability).
11. Governing law and jurisdiction
11.1 These General Terms, their subject matter
and their formation, and your use of this Website are be construed and interpreted
in accordance with and are governed by the law of New South Wales, Australia.
You agree to submit to the non-exclusive jurisdiction of the courts of New
South Wales in relation to any matter arising under or in relation to the
meaning or application of these General Terms.
12. Interpretation
12.1 In these General Terms, except where the
context otherwise indicates:
(a) Subscriber means a person who
becomes a Subscriber under our Subscriber Conditions;
(b) our Competition Conditions
means the Tripndestinations Competition Terms and Conditions published on this
Website as in force from time to time;
(c) our Subscriber Conditions means
the Tripndestinations Subscriber Conditions published on this Website as in
force from time to time;
(d) our Privacy Policy means the
Tripndestinations Privacy Policy published on this Website as in force from time
to time;
(e) our Travel Terms and Conditions
means the Tripndestinations Travel Terms and Conditions published on this
Website as in force from time to time;
(f) related company has the same
meaning as in the Corporations Act 2001;
(g) Terms of Use means,
collectively, these General Terms, our Subscriber Conditions, our Competition Conditions,
our Travel Terms and Conditions and our Privacy Policy, as in force from time
to time;
(h) these General Terms means
these General Terms of Use as in force from time to time;
(i) we, us or our
means Tripndestinations;
(j) Tripndestinations means
Tripndestinations Pty Ltd, ACN registered number 662 938 338, incorporated in the
State of New South Wales, Australia;
(k) Tripndestinations Affiliate
means any person with whom Tripndestinations is associated or affiliated, including
its related companies, directors, officers, employees, agents, brokers,
representatives and licensors;
(l) you or your
means the or a person who accesses or uses this Website;
(m) 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;
(n) the word “including” is not a word of
limitation;
(o) the singular includes the plural and vice
versa; and
(p) a word indicating a gender includes any
gender.
12.2 In these General Terms, headings are to be
ignored in interpretation.
Effective Date: 1st September 2023