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MyTours Terms & Conditions

These Terms of Use apply to the website and mobile application which are operated by My Tours Global (A.B.N. 44 932 452 577) (My Tours) under the domain name http://www.mytoursglobal.com.au (Website) and the mobile application ‘My Tours’ (App), and the Services provided by My Tours.

When these terms apply

By using or accessing any of the Services (including the Software) or any part of the Website or App (or any other applications, service or product of My Tours) you agree to be bound by these Terms of Use, as amended from time to time and posted on the Website or App. If you do not agree to any of these Terms of Use, including the My Tours Privacy Policy, then you must immediately cease access to and use of the Services, Website or App. My Tours reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your access to and use of the Services, Website or App following any amendment of these Terms of Use will signify that you agree to be bound by those amended Terms of Use.

For how long these terms apply

These Terms of Use apply:
Where you visit or access the Services, Website or App without ordering or purchasing any goods or services, for the duration of your visit or access to the Services, Website or App; or Where you access, order, purchase or download any goods or services from the Services, Website or App, whilst you are using the Services, Website or App and whilst My Tours is providing any service following your order or purchase.

Your use of the Website or App

These Terms of Use are applicable to any use of the Website or App. You agree to comply with all reasonable directions by My Tours when you use or access the Services, Website or App.

Your Access and Use of the Software

My Tours grants you a non-exclusive, non-transferable, limited right to Access the Software for the purpose of performing, displaying and using the Software on your Device. Your Access to the Software shall be on-going unless terminated in accordance with this Terms of Use.

Exporting and importing laws

You acknowledge and agree that the Software may be subject to applicable export and import laws. You agree not to export or direct any product thereof, directly or indirectly in violation of those laws, nor will you use the software for any purpose prohibited by those laws.

Your My Tours Account

To access certain features of the Services, Website or App, you will need to subscribe to a My Tours Account. You may never use another person’s My Tours Account without their express permission. When creating your My Tours Account, you must provide accurate and complete information and you are responsible for maintaining the accuracy and currency of information provided by you. You are solely responsible for any activity that occurs on your My Tours Account, and you must keep any My Tours Account password secure. You are solely responsible for maintaining the secrecy and confidentiality of any identification and log-in information required to access and use the Website or App. Your My Tours Account is not transferable. You must notify My Tours immediately of any breach of security or unauthorised access or use of your My Tours Account. Although My Tours will not be liable for any losses you suffer as a result of any unauthorised use of your My Tours Account, you may be liable for the losses of My Tours or others due to such unauthorised use. All applications for My Tours Accounts are subject to acceptance by My Tours. My Tours reserves the right to not to accept an application for a My Tours Account.

Acceptable Use of the Website and App

Where My Tours permits you to submit Content to the Services, Website or App, you acknowledge that My Tours does not guarantee any confidentiality with respect to any content you submit to the Services, Website or App. You are solely responsible for your Content and any consequences of submitting and publishing your Content on or through the Services, Website or App. My Tours is not responsible for taking or maintaining backups of your Content. You must ensure that Content submitted by you: Is accurate and not false, misleading or deceptive; and Does not breach any law, or breach any person’s rights of privacy, confidentiality or intellectual property. My Tours may in its discretion intercept, remove, alter or prevent access to any Content or data submitted by you that My Tours, acting reasonably, believes is unlawful, harmful, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, offensive, threatening, or racially, ethnically or otherwise objectionable, or contravenes this Terms of Use. You must not: Upload to, post, distribute, publish or otherwise make available through, the Services, Website or App: Any Content or communication that is unlawful, harmful, obscene, pornographic, vulgar, libellous, defamatory, harassing, malicious, abusive, offensive, threatening, or racially, ethnically or otherwise objectionable; Any advertising or promotional materials unauthorised by us, “junk mail”, “spam” or “chain letters”; or Any Content or material that contains malicious code, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Reverse engineer, reverse compile, de-compile or dissemble the object code in any of our proprietary software, or otherwise attempt to derive the source code any of our proprietary software, except to the extent permitted by law; Disrupt or interfere with the Services, Website, App, any services, accounts, system resources, servers or networks connected to or accessible through the Services, Website or App or linked websites or mobile applications; Conduct any data mining, reproduction automated queries or other data extraction processes; or Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, Website or App.

My Tours Content

All Intellectual Property Rights in the Services, Website or App, My Tours’ Content and material created by My Tours and any improvements, adaptations, translations and derivative works in it, are and will remain My Tours’ exclusive property (and My Tours’ licensors, if any). To the extent that My Tours or the Services, Website or App provides you with Content or goods in a form that can be downloaded, copied, reproduced, altered or adapted, My Tours grants you a limited, non-exclusive, non-transferable, revocable licence to use any goods purchased or downloaded from the Services, Website or App, for your own personal benefit and purposes only. You must not reproduce, adapt, create derivative works of, or translate any goods purchased or downloaded from the Services, Website or App or communicate, sub-licence, commercialise or provide any such goods to any other person.

Privacy

My Tours is committed to protecting your personal information. The My Tours Privacy Policy is incorporated into this Terms of Use and binds us both. My Tours may update its Privacy Policy from time to time by posting a new version on the Website or App and it will be binding on you and My Tours from the date it is posted on the Services, Website or App. The My Tours Privacy Policy may be accessed here www.mytoursglobal.com.au/privacy

Third party links

Links to websites of third parties may appear on the Services, Website or App. Such links may be provided by My Tours or third party suppliers of goods and services and My Tours does not endorse the content of those websites, their operators, their services or products. My Tours makes no representations about and cannot accept any liability for third party websites. Where My Tours includes advertisements by third parties on the Services, Website or App, My Tours disclaims all liability for any advertisement and/or any transaction, act or omission you make as a result of that advertisement. Your access to third party websites may be governed by their own terms of use. It is your responsibility to ensure you read and accept the terms and privacy policy of any third party website or service that you access or use. You are solely responsible for ensuring that you have secured appropriate rights to use, copy, adapt, translate, publish or otherwise deal with any third party software, Content and other materials on any third party websites. My Tours reserves the right to remove or delete any third party links and backlinks to the Services, Website or App, in My Tours absolute discretion, without liability to you.

Making a Payment

You must pay My Tours the Purchase Price at the time of your purchase, using an Approved Payment Mechanism. You are responsible for any exchange rate fees or charges for international transactions charged, or any other charges levied by the provider of the Approved Payment Mechanism that you use, so that the net amount received by us is the Purchase Price. My Tours may be collecting the Purchase Price as agent of a third party supplier who is providing you with goods or services. In that case My Tours will pass on to the third party supplier the amount My Tours is contracted to pay for the relevant goods or services in accordance with My Tours’ agreement with the third party supplier. If any payment is made to My Tours using an Approved Payment Mechanism and the financial institution subsequently refuses to honour the payment for any reason, or for any reason the payment is not honoured or completed (other than providing a refund as required by law) or My Tours is required to make a chargeback, then: You must immediately pay the relevant Purchase Price that the Approved Payment Mechanism was used to attempt payment by a means acceptable to My Tours; And you must pay a non-payment fee of $35 for each occasion when payment was not made properly, when My Tours incurred a chargeback. To the maximum extent permitted by law, all amounts payable by you are non-cancellable and non-refundable and must be paid without set-off or deduction.

Delivery

It is your responsibility to ensure the delivery address for any products or services ordered and purchased by you is correct. My Tours takes no responsibility for any good or service you do not receive because of errors in the delivery address given to us. Risk and title in goods or services ordered by you passes to you upon receipt of the purchase price in full by My Tours. To the maximum extent permitted by law, My Tours excludes all liability for the delivery or supply, or failure to deliver or supply, any good or service where the transaction has been properly processed by My Tours.

Limitation of Liability

Subject to statutory warranties and guarantees under the laws of your state, province or country, and to the maximum extent permitted by law, My Tours make no representations and give no warranties about the contents of this Services, Website or App including My Tours do not warrant: Any fitness for purpose of the Services, Website or App; That the Services, Website or App are free of inaccuracies, defects or errors; The Services, Website or App will operate without any interruption; The quality, accuracy, features, functions, benefits or availability of the Services (including the Software) or any Third Party Software; or The Services, Website or App or any Content on the Services, Website or App will be compatible with any third Party Software or hardware. My Tours may, in its discretion, change, delete or add features, functions, applications, offers, competitions, advertisement, branding or any other item on the Services, Website or App, including the infrastructure or technology on which it is operated, without liability to you. Nothing in these Terms of Use excludes, restricts or modifies, or has the effect of excluding or modifying the provisions of the Australian Consumer Law in contravention of that Act, any other legislation which may not be excluded, restricted or modified by agreement. To the fullest extent permitted by law, My Tours’ liability to you for any Claim in respect of any act or omission of My Tours arising out of or in connection with its obligations under these Terms of Use will be limited to any membership subscription fees paid (if any) in connection with the Services, Website or App.  My Tours (including its related bodies corporate, directors, officers, employees, agents and contractors) will not be liable for any indirect, consequential or special loss or damage arising out of your use of or access to the Services, Website or App, including loss or damage to goodwill, loss of expected savings of loss or damage to any other expectation benefit of any kind. If a jurisdiction allows liability to be limited but not excluded, My Tours’ total liability is limited to the maximum extent possible.

My Tours is not liable for any breach of these Terms of Use which arises as the result of:
Any use of the Services, Website or App not in accordance with these Terms of Use or documentation provided by My Tours;  The combination, operation or use of the Services, Website or App any other product, equipment, business method, software or data; Any modification of the Services, Website or App, My Tours’ Content by any person other than My Tours’ or its authorised agents or contractors; or Any act, error, fault, neglect, misuse or omission by you. If an infringement claim is made based on one of the exclusions in clause 43 above you must indemnify My Tours and pay for all losses, damages, expenses or costs (including reasonable lawyer’s fees) it suffers or incurs arising out of or in connection with such an infringement claim. You agree that My Tours is not liable for the acts and omission of the providers or proprietors of the Software Platform in relation to your use of the Software Platform. Subject to any rights that you may have under the Australian Consumer Law, clauses 38 to 45 state My Tours’ entire liability and your sole and exclusive remedy for any Claims related to any infringement of Intellectual Property Rights in respect of any Services, Website or App.

Indemnity

By accessing and using the Services, Website or App, you agree to indemnify and hold My Tours harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with: Your breach of these Terms of Use; Your access to and use of the Services, Website or App; Your access to and use of your My Tours Account; Your use of any Content or third party website; and Any claim made against us by a third party alleging that of any your Content (or your use of the Services, Website or App) infringes the copyright of that third party.

Termination

My Tours may, without notice to you, discontinue, suspend or terminate: Your Access to and use of the Services, Website or App; Your My Tours Account, if: You do not pay My Tours any Fees by the due date and the you have not remedied that payment within 10 business days; You are in breach of these Terms of Use; or My Tours suspects that you are using the Services, Website or App to commit an illegal or immoral act. Your Access to the Software may be terminated where the Software has been uninstalled for any reason under the policies, terms and conditions you accepted prior to installing the Software on your Device from the Software Platform through which you obtained the Software. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers and limitations of liability. You are only entitled to a refund of any amount paid to My Tours, if that refund must be paid by law, including under the Australian Consumer Law. All Fees previously paid remain the property of My Tours and you agree to make no claim in respect of such Fees. You must further pay to My Tours any Fees that have accrued but are unpaid as at the date of the termination or expiration. If your Access to the Software is terminated: Any right to access and use the Software terminated immediately; You must delete the Software from your Device; You must immediately return (or at My Tours’ request destroy) any of My Tour’s Confidential Information; and You are solely responsible for ensuring that you have extracted any of your information, including any of your Content, that is in the Software. My Tours may, but is under no obligation to, delete all of your information, including your Content, that is in the Software at any time after termination.

General Provisions

Email Communication
My Tours may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release My Tours from any claim you may have arising from transmission defects.

Marketing
My Tours reserves the right to use your personal, company or trading name in any promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web).

Waiver
No waiver by My Tours of My Tours’ rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.

Currency
A reference to “$” or “dollars” throughout this Agreement is a reference to Australian currency, unless otherwise stated.

Applicable
These Terms are governed by and construed in accordance with the laws of the State of New South Wales and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia

Construction
No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, these Terms of Use.

Legal effect
Each party to this Agreement intends the provisions of these Terms of Use to be legally binding and enforceable.

Exclusion of partnership
Nothing in these Terms of Use is to be treated as creating a partnership between the parties under the laws of any applicable jurisdiction.
Except as specifically provided for in these Terms of Use, no party has any authority to act as agent of another party, or to otherwise bind or commit another party to any obligation.

Force Majeure Events
No party is liable to another party where any Force Majeure Event prevents or delays the performance by the first party of its obligations under these Terms of Use.

Goods and Services Tax
If a supply made under or in connection with these Terms of Use, the Website or the Services by one party (the Supplier) to the other party (the Recipient) is subject to GST, then, in addition to any other amount payable by the Recipient to the Supplier, the Recipient must pay to the Supplier an additional amount (the Additional Amount) determined by multiplying the consideration for the supply by the prevailing GST rate at the time the Recipient makes a payment or part payment for that supply. Additional Amounts recoverable from the Recipient under this clause must be calculated without any deduction or set-off of any amount. Additional Amounts payable under this clause are payable after receipt by the Recipient from the Supplier of a tax invoice complying with GST law for the supply.

Severance of invalid provisions
If any of these Terms of Use are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term will be severed, and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.

Waiver
My Tours’ rights and remedies under these Terms of Use cannot be waived except in writing signed by My Tours. Any My Tours delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does My Tours waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of My Tours’ other rights.

Disputes
Any dispute that arises out of these Terms of Use must first be referred to My Tours for resolution, by providing My Tours with a notice to accounts@mytoursglobal.com.au containing a summary of the issues and your proposed resolutions. My Tours will do its best to resolve this dispute by discussion with you within 5 business days of being notified. If the parties are not able to resolve the dispute in that time frame, then it may be referred to a court of competent jurisdiction.

Epilepsy and seizure warning
The Services, Website or App may contain flashing lights and colours, which may trigger an epileptic fit or seizure. By agreeing to the terms and conditions of this Agreement, you agree to not hold My Tours liable for any epileptic fits, seizures, photosensitivity or other health condition that may occur from purchasing, observing or using the Services, Website or App. It is your responsibility to ensure that you are able to use the Services, Website or App without suffering from such events. It may be appropriate for you to consult a responsible adult or see a medical practitioner. We will not be liable for the costs of doing so. Even if you have never had a seizure, there is a small chance that you are photosensitive, and exposure to flashing lights can cause a seizure. If you are not willing to accept this risk you must not use the Services, Website or App. It is your responsibility to ensure that observers of your use of the Services, Website or App are made aware of the possibility that the Services, Website or App may trigger epileptic fits and/or seizures. Such observers can be over the internet, in person or in your proximity. You must ensure that you must meet their needs and respect their desire that you do not engage with the Software where such observers can see the screen or its reflection on any part of your body.

Dictionary

Access means obtaining access to the Software on your Device. App means the ‘My Tours’ mobile application. Approved Payment Mechanism means Visa, Mastercard, PayPal or other such card or payment mechanism as My Tours allows to be used to pay for the Services or any other Fees. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). Claim includes any actions, liabilities, suits, causes of action, proceedings, arbitrations, accounts, rights, entitlements, obligations, interests (whether legal or equitable), demands, costs and expenses, whether currently known or not and whether presently in existence or arising in the future. Content means any data, domain names, stock photos, other images, SSL certificates, images, text, logos, web links, video, social media applications, creative, editorial or technical specifications or other material. Device means your mobile phone, computer or other device on which the Software is installed. Fees means the amounts payable by you for the Services, as applicable, exclusive of GST. Force Majeure Event means any circumstance or delay beyond the reasonable control of a party which prevents that party from performing or carrying out any obligation under this Agreement, either indefinitely or within the time required in this Agreement, and includes any circumstance or delay arising out of any industrial action, fire, war, terrorist act, explosion, civil commotion, change of government, malicious damage, storm, flood, tempest, earthquake, tidal wave or legal enactment. GST means ‘goods and services tax’ as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Intellectual Property Rights means all existing, contingent and future rights in copyright, trade marks, trade/business or company names, designs, service marks, patents, semi-conductor or circuit layout rights, trade secrets, know-how, database rights or other rights in the nature of intellectual property (whether registered or unregistered), including the right to keep confidential information confidential, or any right to register such rights, existing anywhere in the world, or protected by statute from time to time, but for avoidance of doubt excludes Moral Rights. Moral Rights means the rights of an individual that are defined as Moral Rights in the Copyright Act 1968 (Cth). My Tours CMS means My Tours’ proprietary content management system. My Tours Marks means all trade marks (whether registered or not), service marks, logos, trading names or other words, symbols or indicia identifying the services or business of My Tours Global (A.B.N. 44 932 452 577). My Tours Account means the Website or App subscription as set out in this Terms of Use. Purchase Price means the amount payable for any goods, products or services ordered by you via the Website or App, such amount being inclusive of GST. Services means the online tour business operated through the Website and App, including the Software. Software means the object code version of the My Tours proprietary software program, and any update and new release that may be made available by My Tours in My Tours’ discretion.  The term Software does not include any Third Party Software or any open source code that may be made available with the Software. Software Platform means software that is owned by any person other than My Tours or My Tours’ Affiliates and with which the Software is designed to integrate with, as well as any data that is stored in or processed by Third Party Software which is accessed or used in any way by the Software. Third Party Software means software that is owned by any person other than My Tours or My Tours’ Affiliates and with which the Software is designed to integrate with, as well as any data that is stored in or processed by the Third Party Software which is accessed or used in any way by the Software. Website means the My Tours website at http://www.mytoursglobal.com.au.