Welcome to Australia Explorer. These Terms of Service ("Terms") govern your use of our website, located at australiaexplorer.com, and any related services, features, content, or applications offered by Australia Explorer (collectively, the "Service").
Please read these Terms carefully before using our Service. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
1. Acceptance of Terms
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes.
2. Use of Our Service
2.1 Eligibility
You must be at least 16 years old to use our Service. By using our Service, you represent and warrant that you meet this requirement.
2.2 Account Registration
Some features of our Service may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 Prohibited Activities
When using our Service, you agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service
- Collect or harvest any personally identifiable information from the Service
- Upload or transmit viruses, malware, or other types of malicious code
- Interfere with or disrupt the integrity or performance of the Service
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us
- Use the Service in a manner that could disable, overburden, damage, or impair the Service
- Engage in any automated use of the system, such as using scripts to send comments or messages
- Attempt to impersonate another user or person
3. Intellectual Property
3.1 Our Content
The Service and its original content, features, and functionality are owned by Australia Explorer and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights, title, and interest in and to the Service and its content remain with Australia Explorer.
3.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
3.3 User Content
By submitting, posting, or displaying content on or through our Service ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing and promoting the Service.
You represent and warrant that you own or have the necessary rights to submit User Content and that the User Content does not violate the rights of any third party or any applicable laws.
4. Third-Party Links and Services
Our Service may contain links to third-party websites or services that are not owned or controlled by Australia Explorer. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Australia Explorer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
5. Disclaimers and Limitations of Liability
5.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
AUSTRALIA EXPLORER DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
5.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUSTRALIA EXPLORER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Indemnification
You agree to defend, indemnify, and hold harmless Australia Explorer and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.
7. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
9. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If such dispute cannot be resolved through negotiation, it shall be submitted to mediation in accordance with the Mediation Rules of the Australian Disputes Centre.
If the dispute remains unresolved after mediation, it shall be settled by arbitration administered by the Australian Centre for International Commercial Arbitration in accordance with its Arbitration Rules.
10. Entire Agreement
These Terms constitute the entire agreement between you and Australia Explorer regarding our Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Service.
11. Contact Us
If you have any questions about these Terms, please contact us:
- By email: [email protected]
- By mail: 123 George Street, Sydney NSW 2000, Australia
- By phone: +61 2 8765 4321
These Terms of Service were last updated on August 15, 2023.