Terms of Service
Last Updated: November 1, 2023
1. Introduction
Welcome to Aussie Adventure Guide. These Terms of Service ("Terms") govern your access to and use of the Aussie Adventure Guide website, located at barhatistaya-repa.com (the "Site"), and all related services (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 use our Services.
2. Definitions
Throughout these Terms, we use certain defined terms:
- "You" or "User" refers to any individual who accesses or uses our Services.
- "We," "Our," or "Us" refers to Aussie Adventure Guide.
- "Content" refers to all text, images, videos, audio, graphics, information, data, or other materials that appear on or through our Services.
- "User Content" refers to any Content that Users submit, post, or otherwise make available through our Services.
3. Eligibility
By using our Services, you represent and warrant that:
- You are at least 16 years of age;
- You have the legal capacity to enter into these Terms;
- You will use our Services in accordance with these Terms;
- You will comply with all applicable laws and regulations when using our Services.
If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Account Registration
Some features of our Services may require you to register for an account. When you register for an account, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information;
- Keep your password secure and confidential;
- Notify us immediately of any unauthorized use of your account;
- Accept responsibility for all activities that occur under your account.
We reserve the right to suspend or terminate your account if we suspect that any information you provide is inaccurate, outdated, or incomplete.
5. User Content
Our Services may allow you to submit or post User Content. By submitting or posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with our Services.
You represent and warrant that:
- You own or have the necessary rights to submit the User Content;
- The User Content does not infringe upon the intellectual property rights of any third party;
- The User Content does not violate any applicable law or regulation;
- The User Content is not harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy, or otherwise objectionable.
We reserve the right to remove any User Content that violates these Terms or that we otherwise find objectionable, without notice or liability.
6. Intellectual Property Rights
Unless otherwise indicated, our Services and all Content included therein, including but not limited to text, graphics, logos, images, and software, are the property of Aussie Adventure Guide or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
7. Prohibited Conduct
When using our Services, you agree not to:
- Violate any applicable law, regulation, or these Terms;
- Use our Services for any illegal or unauthorized purpose;
- Interfere with or disrupt our Services or servers or networks connected to our Services;
- Attempt to gain unauthorized access to any part of our Services;
- Use any robot, spider, or other automated device to access our Services;
- Create multiple accounts for abusive purposes;
- Harass, threaten, or intimidate any other user of our Services;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services.
8. Third-Party Links and Services
Our Services may contain links to third-party websites or services that are not owned or controlled by us. 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 we 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.
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- OUR SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- ANY ERRORS OR DEFECTS WILL BE CORRECTED;
- OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE RESULTS OF USING OUR SERVICES WILL MEET YOUR REQUIREMENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES EXCEED FIFTY AUSTRALIAN DOLLARS ($50) OR THE AMOUNT YOU PAID TO US IN THE PAST SIX MONTHS, WHICHEVER IS GREATER.
11. Indemnification
You agree to indemnify, defend, and hold harmless Aussie Adventure Guide, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
- Your use of our Services;
- Your User Content;
- Your violation of these Terms;
- Your violation of any rights of another.
12. Modifications to the Terms
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the revised Terms on our Site with the date of the most recent revision. Your continued use of our Services after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
13. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.
15. Dispute Resolution
Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. The arbitration shall take place in Sydney, Australia, and shall be conducted in the English language.
16. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms constitute the entire agreement between you and us regarding our Services and supersede all prior agreements and understandings, whether written or oral, regarding our Services.
18. Contact Information
If you have any questions about these Terms, please contact us at:
Aussie Adventure Guide42 Harbour Street
Sydney, NSW 2000
Australia
Phone: +61 2 9876 5432
Email: [email protected]