1.1 In these terms and conditions:
(a) ‘Approved Purpose‘ means:
(i) accessing information regarding accommodation services offered by Service Providers for the purpose of comparing those accommodation services and arranging bookings for accommodation through Third-Party Sites; and/or
(ii) reviewing and providing a reasonable opinion on the accommodation services offered by Service Providers in accordance with these terms and conditions; but does not include the use of the Site or its contents by you for your own commercial benefit, the commercial benefit of another party or for any other purpose not expressly permitted by these terms and conditions.
(b) ‘Consequential Loss‘ means:
(i) loss of actual or anticipated revenue or profits, business interruption, loss of use of property, loss by reason of shutdown or non-operation, loss of business opportunity, productivity, goodwill or business reputation;
(ii) loss associated with increased capital or operating costs or increased financing costs;
(iii) any type or amount of indirect, special or consequential damages, howsoever claimed, calculated or characterised; and
(iv) any punitive or exemplary damages.
(c) ‘Consumer Law‘ means:
(i) the Competition and Consumer Act 2010 (Cth) including Schedule 2 – The Australian Consumer Law; and
(ii) the Fair Trading Act of a State of Australia which applies to your use of the Site.
(d) ‘Information‘ means all of the information available on the Site including that published by us, you, other users and by Service Providers.
(e) ‘Intellectual Property‘ means all intellectual property rights whether registered or unregistered, including:
(i) business names, company names, designs, copyright, logos, images, trademarks, trade names, patents and databases; and
(ii) any right of registration of such rights.
(f) ‘Membership‘ means your registration with us as a registered member of the Site.
(g) ‘Service Providers‘ means those providers of the accommodation and other services which are listed on the Site.
(h) ‘Site‘ means the cangoeverywhere.com domain and any of its extensions and related URL’s.
(i) ‘Third-Party Site‘ means the websites of the Service Providers listed on the Site.
(j) ‘You‘ or ‘Your‘ is a reference to you, the member or user of the Site.
2.1 “We”, “us”, and “our” refers to Inclusive Tourism Pty Ltd (ABN 14 164 164 532).
2.2 A reference to “includes” is taken to be a reference to “includes without limitation”.
2.3 Headings and sub-headings are included for ease of reference and none of the terms, covenants, conditions and restrictions in these terms and conditions are to be construed or interpreted by reference to such headings or sub-headings.
2.4 Reference to persons or “you” includes a reference to bodies corporate and Government and semi-Government authorities and departments.
2.5 References to statutes, regulations or by-laws shall extend to all statutes, regulations or by-laws amending, consolidating or replacing them.
2.6 Words importing any gender shall include every gender; words importing the singular shall include the plural and words importing the plural shall include the singular.
2.7 References to “months” shall mean calendar months.
2.8 References to writing shall include typing, email, facsimile and all other means of reproducing words in the visible form.
2.9 Where pursuant to these terms and conditions the day on or by which any act, matter or thing is to be done is a Saturday, Sunday or a public holiday, such act, matter or thing may be done on the next succeeding day which is not a Saturday, Sunday or public holiday.
2.10 All policies referred to in these terms and conditions form part of and should be read with these terms and conditions, unless a contrary intention appears.
3. Use of this Site
3.1 By accessing this Site and/or applying for Membership, you agree to be bound by and to use the Site in accordance with these terms and conditions and warrant that you are of the age of 18 or over.
3.2 We make every effort to ensure that the Information is accurate and up to date, however, as a majority of the Information is sourced from Service Providers, we are not able to guarantee the accuracy of the Information nor are we able to guarantee that the Site is free of errors or faults.
3.3 You must verify the Information including that provided by the Service Providers to ensure they meet your specific requirements and that you are aware of any applicable fees before using their services or purchasing their accommodation products.
3.4 We reserve the right to change the Information published on the Site at any time.
3.5 You must not do or attempt to do any of the following:
(a) use the Site or the Information for any other purpose than the Approved Purpose;
(b) attempt to interfere with the operation of the Site including by means of hacking or placing an unreasonable strain on our servers through any means or otherwise inhibiting access to the Site; or
(c) use (including by editing modifying or reverse engineering) all or part of any of our Intellectual Property including the software or code on which the Site operates.
4. Ranking, guest reviews and Content
4.1 You acknowledge that the default setting of the ranking of accommodation on the Site is ‘Recommended’ or any wording with a similar or corresponding meaning (the “Default Ranking”). You acknowledge that the Default Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria.
4.2 Guest reviews may be submitted by registered members of the Site. The completed guest reviews may, at our sole discretion, be:
(a) uploaded onto the relevant Service Providers page on the Site for the sole purpose of informing other users of your reasonable opinion of the service provided by that Service Provider; and
(b) wholly or partly used and placed by us at our sole discretion for other purposes including marketing, promotion or improvement of our service on our website or such social media platforms, newsletters, special promotions, applications or other channels owned, used or controlled by us. We reserve the right to refuse or remove reviews at our sole discretion.
4.3 The guest review form should be regarded as a survey and does not include any commercial offers, invitations or incentives whatsoever.
4.4 Although we have no obligation to screen, edit or monitor any of the Information, we reserve the right to remove, screen or edit any Information posted to or stored on the Site at any time and for any reason without notice to you.
4.5 During your use of the Site, you must not post, re-post or submit any content which:
(a) has the tendency to incite fear, hatred or disdain against any other user of the Site, member of the public or group or class of persons;
(b) is defamatory or discriminatory in nature;
(c) contains information which is confidential in nature or which breaches the rights of any other person with respect to Intellectual Property;
(d) contains personal information about another person which would result in a breach of a State or Commonwealth law relating to the protection of personal information or privacy;
(e) contains pornographic, offensive or illegal material;
(f) is irrelevant to the subject matter of the area of the Site where the content is posted;
(g) contains a link or information about a website which contains content referred to in paragraphs 4.5(a) to 4.5(f) of these terms and conditions.
5. Links to Third-Party Sites
5.1 Hyperlinks to Third-Party Sites are provided for your convenience only. You acknowledge that we do not control Third-Party Sites and that we are not responsible for nor do we endorse their contents or the privacy or other practices of such websites.
5.2 You acknowledge that unless otherwise stated on the Site, we have no association nor are we the agents for any of the operators of Third-Party Sites.
6. Intellectual Property Rights
6.1 By posting or submitting content to the Site you:
(a) automatically assign the title, interest and ownership of any Intellectual Property in that content to us and agree to do all things reasonably necessary in order to effect that assignment;
(b) consent to us using the content at our sole discretion (either in whole or in part) for any purpose including marketing, promotion or improvement of our service on our website or such social media platforms, newsletters, special promotions, applications or other channels owned, used or controlled by us; and any Intellectual Property in the content you post or submit to the Site and consent to us using such content without attributing the creation of it to you.
6.2 Without limiting clause 6.1 of these terms and conditions, we exclusively retain ownership of all Intellectual Property which subsists in the Information (including guest reviews) and other content used by or displayed on the Site including the software and code upon which the Site operates.
6.3 You must not copy, scrape, link to, publish, promote, market, integrate, utilize, combine or otherwise use the Information (including any guest reviews) or our Intellectual Property without our express prior written permission. To the extent that you wholly or partly use or combine the Information or our Intellectual Property, you assign, transfer and set over all Intellectual Property in the resulting material or information to us and agree to do all things necessary in order to effect that assignment.
7. Release and indemnity
7.1 To the fullest extent permitted by law, you acknowledge that we make no warranty or representation (express or implied) as to the fitness or suitability of the Site, the Information or the content of any Third-Party Site.
7.2 To the fullest extent permitted by law, we take no responsibility for, and you unconditionally release us (and our officers, directors, employees and agents) from any liability, losses (including Consequential Loss), damages, claims, demands, costs (including legal costs) and expenses suffered by you which arise directly or indirectly out of:
(a) your use of the Site, the Information or through your use or access of any Third-Party Site; or
(b) content posted, stored or uploaded onto the Site, a Third-Party Site or to any other website by you, a Service Provider or any other third party including where such content contains mistakes, defamation, libel, omissions, falsehoods, obscenity, pornography or profanity.
7.3 You agree to indemnify us (and our officers, directors, employees and agents) against all liability, losses (including Consequential Loss), damages, claims, demands, costs (including legal costs) and expenses which are suffered by us and which arise directly or indirectly from:
(a) the use of the Site by you for any purpose other than the Approved Purpose; or
(b) content posted or submitted on the Site by you.
8. Consumer law
8.1 Where all or any part of the Consumer Law applies to the services provided by us, nothing in these terms and conditions is intended to have the effect of contracting out of the applicable provisions of the Consumer Law, except to the extent that such contracting out is permitted by law.
9. Termination of Membership
9.1 This clause 9 applies to users of the Site who hold a Membership.
9.2 Without limiting any other termination rights under the law, we may, by written notice to you, immediately terminate your Membership if we conclude, in our sole discretion, that you:
(a) are using the Site for a purpose other than the Approved Purpose;
(b) have breached, violated, or acted inconsistently with your obligations under these terms and conditions or any applicable policy of ours;
(c) have breached any law or regulation in your use of the Site;
(d) are engaged in fraudulent or illegal activities; or
(e) are engaged in activities that may damage the rights or reputations of us or others.
9.3 In lieu of or in addition to our rights under clause
9.2, we may also immediately:
(a) block your username and password;
(b) remove any content that you have submitted to the Site; and/or
(c) decide to suspend your Membership until such time as you have remedied the breach.
9.4 Despite any other provision of these terms and conditions, you acknowledge that our termination of your Membership will be immediate and that you are not entitled to receive any notice to remedy prior to us exercising our rights under clauses 9.2 or 9.3.
9.5 For the avoidance of doubt, these terms and conditions will survive termination of your Membership.
10.2 These terms and conditions contain the entire understanding between the parties and supersede any prior communications between the parties.
10.3 These terms and conditions are governed by the laws in force in Queensland, Australia and you unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia and the Courts of the Commonwealth of Australia.
10.4 We may change or modify all or any part of these terms and conditions without providing any specific notice to you, by displaying the amended terms and conditions on the Site.
10.5 The covenants, undertakings and conditions contained in these terms and conditions are severable and are to be construed as not to infringe any laws which may affect them. If such covenant, undertaking or condition on its true interpretation is found to infringe any such laws, the covenant, undertaking or condition will be read down to the extent as may be necessary to ensure that it does not infringe any such law and as may be reasonable in all the circumstances so as to give it a valid operation or a partial character. In the event that the infringing covenant, undertaking or condition cannot be so read down, it will be deemed void and severable and will be deemed deleted from these terms and conditions to the same extent and effect as if never incorporated.