© 2018 All rights Reserved MyTours
MyTours Terms & Conditions
When these terms apply
For how long these terms 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
Your Access and Use of the Software
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
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.
Third party links
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 $35 for each occasion when payment was not made properly, when My Tours incurred a chargeback. To the maximum extent permitted by law, all amounts payable by you are non-cancellable and non-refundable and must be paid without set-off or deduction.
It is your responsibility to ensure the delivery address for any products or services ordered and purchased by you is correct. My Tours takes no responsibility for any good or service you do not receive because of errors in the delivery address given to us. Risk and title in goods or services ordered by you passes to you upon receipt of the purchase price in full by My Tours. To the maximum extent permitted by law, My Tours excludes all liability for the delivery or supply, or failure to deliver or supply, any good or service where the transaction has been properly processed by My Tours.
Limitation of Liability
My Tours may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release My Tours from any claim you may have arising from transmission defects.
My Tours reserves the right to use your personal, company or trading name in any promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web).
A reference to “$” or “dollars” throughout this Agreement is a reference to Australian currency, unless otherwise stated.
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
Exclusion of partnership
Force Majeure Events
Goods and Services Tax
Severance of invalid provisions
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.