In these Terms:
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.
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.
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 firstname.lastname@example.org.
To create and activate an Account, you must:
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.
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.
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.
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.
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.
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.
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.
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:
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.
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:
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.
You may report any suspected violation of these Terms to us by using the following email link email@example.com. We will investigate the matters and take any actions we consider appropriate.
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.
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:
You indemnify us and hold us harmless from and against any Loss suffered or incurred in respect of, or arising directly or indirectly from:
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.
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.
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.
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