1.1 In these terms and conditions:
(a) ‘Can Go Everywhere Service’ means the provision of a platform by us in the form of the Site, which enables you to display advertisements in the form of travel related business listings and related services.
(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.
(b) ‘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) ‘Content’ includes all information and works submitted or posted on the Site by you regardless of its form and including any and all audio, videos, data, images, files, hypertext links, scripts, trademarks, service marks, logos, and other distinctive brand features. Content is taken to include any modifications made to the Content.
(g) ‘Registration’ means your registration with us as a business member of the Site.
(h) ‘Service Providers’ means those providers of the accommodation and other services which are listed on 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. YOUR USE OF THE CAN GO EVERYWHERE SERVICE
3.1 By completing and submitting your application for registration, you agree to be bound by and to use the Can Go Everywhere Service and the Site in accordance with these terms and conditions and any policy which we publish on the Site or provide to you from time to time.
3.2 You acknowledge that the action of completing and submitting your application for registration creates an electronic signature that has the same legal force and effect as a handwritten signature. When you accept these terms and conditions, you consent to having them provided to you in electronic form and you also represent, warrant, and covenant that you are duly authorised to enter into these terms and conditions for and on behalf of the person or entity to which the Registration relates.
4.1 During the business registration process, you will be required to complete a questionnaire which contains a series of self-assessment questions used by us to understand the services you offer.
4.2 In completing the registration process, you must answer all of the questions truthfully and accurately and must not provide any information which is false or misleading or which has the tendency to be false or misleading.
4.3 You warrant to us that the information you provide during the registration process is true and accurate.
5. BUSINESS MEMBERS LOGIN
5.1 Once we have approved your application and your Registration is complete, we will provide you with an account username and password.
5.2 You are responsible for maintaining the confidentiality of the username and password and agree to take reasonable steps in order to do so. You acknowledge and agree that you are liable for all activities that occur under your username and password.
5.3 You agree to:
(a) immediately notify us of any unauthorised use of your username and password or any other breach of security which is related to your use of the Site or the Can Go Everywhere Service; and
(b) ensure that you properly log out from your account at the end of each session.
5.4 Your login will give you access to our Business Administration Section which you can use to manage your use of the Can Go Everywhere Service and change your user details including your password, which you should change regularly.
6. SUBSCRIPTION FEE
6.1 In consideration of your payment of the Subscription Fee and your compliance with these terms and conditions, you will be entitled to access the Can Go Everywhere Service during the Subscription Period.
6.2 You must pay the Subscription Fee either at the time of registration or by other means approved by us in writing from time to time. Where you do not pay the Subscription Fee at the time of registration, a tax invoice will be issued to you. You must make payment by no later than fourteen (14) days after the date of the tax invoice or within another period specified within that tax invoice.
6.3 If you fail to pay your Subscription Fee as agreed then we may immediately suspend or terminate your account and cease providing the Can Go Everywhere Service in whole or in part without any notice to you.
6.4 We reserve the right to vary the Subscription Fee from time to time by providing you with written notice of such variation. We will endeavor to provide you with as much notice as possible regarding variations of the Subscription Fee.
7.1 Your use of the Can Go Everywhere Service does not confer in us any right of ownership of the Content.
7.2 You grant us a perpetual, non-exclusive, royalty-free, irrevocable and worldwide license to deal with the Content including a right to sublicense, use, copy, encode, store, archive, distribute, transmit, modify, translate, create teaser content of, render into an audible format, publicly display, and publicly perform the Content either in whole or in part.
7.3 You warrant that the Content is original and that the use of the Content by us in accordance with these terms and conditions will not infringe the rights of any person in respect of Intellectual Property.
7.4 You unconditionally and irrevocably waive all moral rights (as defined in the Copyright Act 1968 (Cth) (“CRA”)) that you may have in respect of any Intellectual Property in the Content and consent to us using such Content without attributing the creation of it to you. Where applicable, you agree to obtain similar waivers from your officers, directors, agents, contractors and employees.
8. MAINTENANCE OF CONTENT
8.1 You must not submit any Content which:
(a) is in breach of the Consumer Law;
(b) has the tendency to incite fear, hatred or disdain against any user of the Service, member of the public or group or class of persons;
(c) contains information which is confidential in nature or which breaches the rights of any person with respect to Intellectual Property;
(d) contains personal information about a person which would result in a breach of any State or Commonwealth law relating to the protection of personal information and privacy;
(e) contains pornographic, offensive or illegal material;
(f) contains a link to or information about a website which contains content referred to in paragraphs 8.2(a) to 8.2(e)
8.2 You must ensure that the Content is true and accurate and that it is updated at regular intervals.
8.3 The Content and updates to the Content will be provided to us in accordance with our formatting, delivery, and technical requirements as specified by us from time to time during the Subscription Period (including, but not limited, updating the Content directly through your account and/or our collection of the Content from your website).
8.4 You must provide ongoing assistance to us with regard to technical, administrative, and service-oriented issues relating to the use, encoding, transmission, and maintenance of the Content, as we may reasonably request.
9. EXPIRATION OF SUBSCRIPTION PERIOD
9.1 Provided you are not in breach of these terms and conditions, you may elect to extend the Subscription Period in accordance with clauses 9.2 or 9.3 below.
9.2 We will send you a tax invoice within 2 months prior to the expiration of the Subscription Period setting out the Subscription Fee. You may extend the Subscription Period by making payment in accordance with the particulars contained within that tax invoice.
9.3 In addition to the process set out in clause 9.2, you may extend the Subscription Period at any time by accessing the Business Administration Section of the Site and paying a further Subscription Fee prior to the expiration of the current Subscription Period.
9.4 Where you do not carry out either of the processes contained in clauses 9.2 and 9.3 by the expiration of the Subscription Period, you will no longer be entitled to access the Can Go Everywhere Service until payment of the Subscription Fee is made.
10.1 You cannot terminate a registration relating to your Can Go Everywhere Service prior to the conclusion of the Subscription Period.
10.2 Without limiting any other termination rights under the law, we may, by written notice to you, immediately terminate your Registration if we conclude, in our sole discretion, that you:
(a) have breached, violated, or acted inconsistently with your obligations under these terms and conditions or any applicable policy of ours;
(b) have breached any law or regulation in your use of the Site or the Can Go Everywhere Service;
(c) have provided false or misleading information through the registration process, the Content submitted by you or through dealings with the users of the Site;
(d) have failed to keep the Content and other information provided in connection with your use of Can Go Everywhere Service complete, true, and accurate;
(e) have failed to respond within a reasonable time to any email communication sent to the email address you provide to us;
(f) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or
(g) are engaged in activities or sales that may damage the rights or reputations of us or others.
10.3 In lieu of or in addition to our rights under clause 10.2, we may also immediately:
(a) block your username and password;
(b) remove any Content displayed on the Site; and/or
(c) decide to suspend your Registration until such time as you have remedied the breach.
10.4 Despite any other provision of these terms and conditions, you acknowledge that our termination of your Registration and your use of the Can Go Everywhere Service will be immediate and that you are not entitled to receive any notice to remedy prior to us exercising our rights under clauses 10.2 or 10.3.
11. DELETION OF CONTENT
11.1 In the event of expiration of your Registration in accordance with clause 9 or termination of your Registration in accordance with clause 10 of these terms and conditions, you agree that we may at our sole discretion permanently delete from our servers any and all information and Content contained in your account, which relates to your Registration or which otherwise relates to the provision of the Can Go Everywhere Service. You acknowledge that we accept no liability for such deleted information or Content and agree to release us from any such liability.
12. LIMITATION OF LIABILITY
12.1 Subject to these terms and conditions and any of our applicable policies, we will use our best endeavors to ensure that the Content is displayed on the Site in a manner and format as submitted by you.
12.2 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 or the Can Go Everywhere Service.
12.3 To the extent that it is permitted by law, you will not be entitled to a refund of all or any part of the Subscription Fee.
12.4 To the fullest extent permitted by law, we take no responsibility for, and you unconditionally release us (and our officers, directors, agents, contractors and employees) 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 and the Can Go Everywhere Service; or
(b) content or information posted, stored or uploaded onto the Site by you, a user of the Site, another Service Provider or any other third party including where such content contains mistakes, defamation, libel, omissions, falsehoods, obscenity, pornography or profanity.
12.5 You agree to indemnify us against any and 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 and the Can Go Everywhere Service by you; or
(b) Content posted or submitted on the Site by you.
13. CONSUMER LAW
13.1 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.
14.1 These terms and conditions contain the entire understanding between the parties and supersede any prior communications between the parties.
14.2 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.
14.3 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.
14.4 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.
14.5 Clauses 1, 2, 7, 9, 10, 11, 12, 13 and 14 will survive termination or expiry of these terms and conditions in addition to any other clauses which are necessary for the survival or interpretation of those clauses.