Sussii User Agreement

Thank you for visiting our Website. This Website is owned and operated by Sussii Pty Ltd ACN 609 162 325. By using this Website, Sussii applications and related services (whether as an unregistered visitor or a registered user), you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms.

In these Terms:

  • ‘Content’ means any type of content or material, including text, files, information, data, usernames, applications, links, images, graphics, logos, photos, profiles, audio and video clips, sounds, literary, dramatic, musical and artistic works, and copyright subject matter other than works;
  • ‘Loss’ means any direct, indirect or consequential loss, damages, liabilities, costs, expenses, obligations, claims, demands, suits, actions or causes of actions – irrespective of the manner in which it occurs (including our negligence);
  • ‘Privacy Policy’ means our privacy policy (www.sussii.com/privacy-policy/) as amended from time to time;
  • ‘Services’ means the services provided by us in connection with the Website, including services provided to both registered users of, and unregistered visitors to, the Website;
  • us’, ‘we‘ and ‘our‘ means Sussii Pty Ltd ACN 609 162 325;
  • use’, ‘uses‘, ‘used‘ and ‘using‘ include accessing, viewing or otherwise engaging with; and
  • Website’ means all areas of the website located at www.sussii.com (including all password protected areas) and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets.

These Terms may be amended at any time and we recommend that you refer to these Terms each time you use the Website or Services. The amended Terms will be effective from the date they are posted on the Website. Your continued use of the Website or Services will constitute your acceptance of the amended Terms. Your right to use the Website or Services will immediately cease if you breach any provision of these Terms.

If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including taking any action in the future.

  1. Registration

You will need to create and activate an account with us (‘Account’), in order to use certain Services, including the formation of travel plans, trips and itineraries; the making of travel-related reservations, bookings, or alternate travel or social related arrangements; the formation of ‘Bookmarks’, ‘Saves’, ‘Been Theres’, ‘Been Heres’, ‘Likes’, ‘Add to Trip’, ‘Planned’ items, ‘Booked’ Items, uploaded confirmations and associated data, manual entry data; search features; social search; social visualisation; interactions with event data/tour data/restaurant data/activity data/landmark data, and all social network related data; the use of travel price comparisons, price or travel notifications; monitoring and alerts; sharing; commenting; chatting; and any and all additional services, as provided or made available by us from time to time.

When you create and activate an Account, you must provide us with personal information such as your name, email address, telephone number, home town and Facebook login details. You must ensure that this information is accurate and current, and is kept up to date. We will handle all personal information we collect in accordance with our Privacy Policy.

You are responsible for keeping your user name and password secure. These details are strictly confidential and must not be disclosed to any third party. If you have provided such account information to any third party or parties, whether or not intentional, you must immediately notify us at webmaster@sussii.com.

To create and activate an Account, you must:

  • be at least 18 years of age;
  • possess the legal right and ability to enter into a legally binding agreement with us; and
  • agree and warrant to use the Website and Services in accordance with these Terms.

We are entitled to delete, suspend or change your account profile at any time, without notice, in the event of a breach or suspected breach of these Terms.

  1. Collection Notice

We collect, use, hold and disclose personal information about you in order to respond to your enquiries, process your registration, provide you with services and features, to send you marketing and promotional messages and other information that may be of interest to you (including information sent by, or on behalf of, our business partners that we think you may find interesting) and for purposes otherwise set out in our Privacy Policy.

We may disclose your personal information to third parties that help us deliver our services (such as information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to cloud service providers located in include countries where cloud services are located, if overseas.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at webmaster@sussii.com.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

  1. Newsletter

If you register for our newsletter, it will be sent to the email address you provided on registration. It is your responsibility to update your personal details if they change, including your email address.

If you no longer wish to receive the newsletter, you can unsubscribe at any time by clicking the ‘unsubscribe’ link in the newsletter.

  1. Third Party Content and linked sites

The Website and Services may contain Content that we do not own (Third Party Content), including Third Party Content submitted, posted or displayed on or via the Website or Services by registered users. We are not responsible for, do not control or endorse, and make no representations, warranties or guarantees, expressly or impliedly, concerning Third Party Content.  You rely on Third Party Content completely at your own risk.

The Website or Services may contain links to websites, features, APIs and other technology owned or operated by third parties. Those links are either provided by us for convenience or are Third Party Content and they may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for, do not control, maintain or endorse and make no representations, warranties or guarantees, expressly or impliedly, concerning those linked websites APIs or other technology. Any use of, or reliance on, third party linked websites APIs and other technology is at your own risk and subject to any relevant third party terms and conditions.

Functionality on the Services may permit interactions between the Services and third-party websites, services or features (External Services). Such interactions may include connections or the sharing of Content between the Services (or your profile on the Services) and External Services, resulting in the external publication or sharing of such Content. Using such functionality typically requires you to login to your account on the relevant External Service and you do so at your own risk. Sussii does not control or endorse any such External Service or their Content. By doing so, you consent to information on your Account or profile being shared or published externally to the Website and Services and assume all associated risks. You may be subject to, and undertake to comply with, any policies and terms and conditions of use of such External Services.

  1. Accuracy, completeness and timeliness of information

The Content made available on or via the Website and Services  is not, and is not intended to be, comprehensive. We provide no warranties or guarantees regarding such Content, to the extent permitted by law, including the Australian Consumer Law. You should monitor any changes to any such Content. You should not rely on the accuracy of any information on the Website or Services, and you should make your own independent inquiries before making any decision.

We may, from time to time and without notice, change or add to the Website or Services (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website or Services updated. We are not liable to you or anyone else if errors occur in the information on the Website or Services or if that information is not up-to-date.

  1. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

  1. Intellectual property rights

Unless otherwise indicated, we own, license or have the right to use from third parties all Content made available on or via the Website and Services (Sussii Content) and all intellectual property rights in Sussii Content and the Website and Services.

Your use of the Sussii Content, Website and Services does not grant or transfer any rights, title or interest to you in relation to the Sussii Content, Website or Services. We grant you a limited licence to use the Sussii Content, Website and Services in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

You must not infringe our intellectual property rights in the Sussii Content, Website or Services and must not reproduce, modify, copy, republish, frame, distribute or communicate any part of the Sussii Content, Website or Services without our written consent or otherwise use the Sussii Content , Website or Services in a way infringes our intellectual property or other rights.

We grant you permission to download Sussii Content only for purposes necessary for you to use the Website and Services. You may not reproduce or use Sussii Content for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All rights not expressly granted are expressly reserved.

  1. Your Content

In relation to all Content you provide, submit, post, share, publish, display or present on or through the Website or Services, from time to time (Your Content) you represent and warrant that:

  • you own Your Content or are otherwise authorised to grant the rights and licences which you grant under these Terms; and
  • by providing, submitting, posting, sharing, publishing, displaying or presenting Your Content on or through the Website or Services, you do not infringe the rights intellectual property rights of any third parties.

You hereby grant us a non-exclusive, perpetual, royalty-free, transferable, sub-licensable, worldwide licence to use Your Content subject to our Privacy Policy.

If for any reason we terminate, disable, suspend or vary any details of your Account or your access to the Services, or if you deactivate or cancel your Account, Your Content, as well as the record of all actions undertaken in or via your Account may continue to appear within the Website and/or Services and we are under no obligation to remove Your Content.

  1. Use of Website and Services

You agree that, at all times, you will use the Website and Services in a lawful, respectful and considerate manner.

In using the Website and Services you agree that you will not:

  • use any automated device, software, process or means to access, retrieve, crawl, cache, scrape, or index the Website or Services, or any Content on the Website or Services, without our express written consent;
  • use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website or Services;
  • undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
  • use or index any Content on the Website or Services for the purpose of competing with us in any manner that we have not specifically authorised;
  • transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  • violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  • pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
  • use the Website or Services other than for personal, non-commercial use in connection with travel;
  • use the Website or Services in connection with any solicitation or commercial purposes;
  • defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities (including other registered users);
  • post, share or publish private or confidential information via the Website or Services, including credit card information, identity numbers, and non-public phone numbers or email addresses;
  • reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Services or any Content on the Website or Services, except as expressly authorised by us;
  • transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature;
  • provide, upload, comment, post, share, store or communicate any Content that may be deemed to be harmful, infringing, or may in any way be objectionable to other people or other registered users, or provided without appropriate consent.
  • use the Website or Services or any Content from the Website or Services in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
  • act in breach of any term or condition of use or other condition imposed by us or any law.

We reserve the right to exercise whatever means we consider necessary to prevent unauthorised use of the Website or Services, including by instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority. We further reserve the right to remove, edit, block, and/or monitor Content, or terminate, disable, suspend or vary any details of Accounts containing Content, that we determine in our sole discretion violates these Terms without notice and without incurring liability for any Loss that may arise as a result. We are under no obligation to take any such actions.

  1. Reporting violations

You may report any suspected violation of these Terms to us by using the following email link webmaster@sussii.com. We will investigate the matters and take any actions we consider appropriate.

  1. Warranties and disclaimers

The Website and  Services are provided ‘as-is’ and ‘as available’ without any express or implied warranty.

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or Services, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Website or Services will be secure.

You acknowledge that use of the Website and Services (including the software operating in connection with the Website and Services) may be interfered with by numerous factors outside of our control.

We cannot ensure that any files you download from the Website or Services will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.

We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your customers) in relation to your use of the Website or Services.

  1. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we, our related entities, directors, officers and agents be liable or responsible in any way for any Loss which may be incurred, sustained or suffered in connection with or arising from:

  • the use of the Website or Services or the Content contained therein, or as a result of the inaccessibility of the Website or Services or the fact that certain information or materials contained on the Website or Services (including without limitation Third Party Content and linked websites) are incorrect, incomplete or not up-to-date;
  • the hacking of the Website or Services, stolen information from the Website or Services, a virus of any type, any distributed denial-of-service attack, or other technologically harmful materials or programs, that may infect computer equipment, computer programs, data or other material due;
  • interference with or damage to your computer system by any means whatsoever (including without limitation viruses, worms or Trojan horses) in connection with the use of the Website or Services; or
  • your engagement with any External Services, whether via the Website or Services, or otherwise.

You indemnify us and hold us harmless from and against any Loss suffered or incurred in respect of, or arising directly or indirectly from:

  • your breach of these Terms or any warranties or representations hereunder being untrue, inaccurate or misleading (including by omission);
  • Your Content;
  • your use of the Website, Services or any External Services;
  • your violation of any third party rights, including infringement of third party intellectual property rights; and
  • your contravention of any law.
  • Australian Consumer Law

If you constitute a consumer under the Australian Consumer Law while using the Website and Services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Website and Services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again.

  1. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

  1. Survival of Terms

All provisions of these Terms that by their nature should survive termination (for any reason) of your Account or your use of the Website or Services shall survive including all limitations on liability, disclaimers, jurisdiction and governing law and intellectual property protections.