Terms of Service

Welcome to Australia Explorer. These Terms of Service ("Terms") govern your access to and use of the Australia Explorer website, services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Services.

Please read these Terms carefully. They constitute a legally binding agreement between you and Australia Explorer (or "we", "us", "our").

1. Acceptance of Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services 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. We will provide notice of any material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms.

2. Use of Services

2.1. Eligibility

To use our Services, you must be at least 16 years old. By using our Services, you represent and warrant that you meet this requirement.

2.2. User Accounts

Some features of our Services may require you to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

2.3. Prohibited Conduct

In using our Services, you agree not to:

• Violate any applicable law, regulation, or third-party rights
• Use the Services for any illegal purpose
• Attempt to gain unauthorized access to any part of the Services or our systems
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use any robot, spider, scraper, or other automated means to access the Services
• Circumvent or attempt to circumvent any limitations or security measures implemented on the Services
• Transmit any viruses, malware, or other harmful code
• Collect or store personal data about other users without their consent
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

3. Content

3.1. Our Content

The Services contain content provided by Australia Explorer, including text, graphics, images, videos, information, logos, button icons, software, and other content (collectively, "Our Content"). Our Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. We retain all rights in and to Our Content, and you may not use, copy, reproduce, distribute, transmit, or create derivative works from Our Content without our express written permission.

3.2. User Content

You may be able to post, upload, publish, submit, or transmit content through our Services, such as reviews, comments, or other materials (collectively, "User Content"). By making any User Content available through the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content
• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights
• Your User Content complies with these Terms and all applicable laws and regulations

3.3. Content Moderation

We reserve the right to monitor, review, and remove any User Content that violates these Terms or that we find objectionable, in our sole discretion. We do not guarantee that we will review all User Content, and we are not responsible for any User Content provided by users of the Services.

4. Bookings and Payments

4.1. Booking Services

Australia Explorer may offer the ability to book travel services, tours, accommodations, or other services ("Booking Services") through our website. These Booking Services may be provided by third-party providers with whom we partner.

4.2. Payment Terms

When you make a booking through our Services, you agree to pay all applicable fees and taxes. Payment processing services may be provided by third-party payment processors, and your use of such services is subject to their terms and conditions.

4.3. Cancellations and Refunds

Cancellation and refund policies may vary depending on the specific Booking Service. These policies will be disclosed to you before you complete your booking. By proceeding with a booking, you agree to the cancellation and refund policies applicable to that booking.

5. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or content that are not owned or controlled by Australia Explorer. We do not endorse or assume any responsibility for any such third-party websites, services, or content. If you access any third-party website, service, or content from our Services, you do so at your own risk and you agree that Australia Explorer will not be responsible for any loss or damage you may suffer as a result.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AUSTRALIA EXPLORER DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUSTRALIA EXPLORER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) 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.

8. Indemnification

You agree to defend, indemnify, and hold harmless Australia Explorer and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

9. Termination

We may terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. If we terminate your access to the Services, you are not entitled to any compensation or notice.

If you wish to terminate your account, you may simply discontinue using the Services.

10. Governing Law

These Terms shall be governed by the laws of Australia, without respect to its conflict of laws principles. You and Australia Explorer agree to submit to the personal and exclusive jurisdiction of the courts located in Sydney, Australia.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Australia Explorer regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

Last Updated: May 1, 2023