Travel Analytics Website Terms of Use

Effective Date: 1 May 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE TRAVEL ANALYTICS WEBSITE. BY ACCESSING AND USING OUR WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE OUR WEBSITE.

THESE TERMS OF USE ARE TO BE READ IN CONJUNCTION WITH OUR PRIVACY POLICY.

1. Background

Outsourced Client Management Pty Ltd ACN 128 978 049 (We or Us) is the owner and operator of the Travel Analytics website (www.travelanalytics.com.au) (Website). We can be contacted at Level 1, 496 Macaulay Road, Kensington, VIC, 3031, Australia or via email at support@travelanalytics.com.au.

2. Compliance with Terms of Use

By accessing and using the Website, you warrant and represent to Us that you have read and understood these Terms of Use and agree to be bound by these Terms of Use.

3. Revision of Terms of Use

We can modify or revise these Terms of Use, from time to time, and you agree to be bound by such modifications or revisions. We may notify you when these Terms of Use are amended; however, you should periodically review these Terms of Use, to ensure that you are updated as to any amendments.

4. Legitimate Purposes Only

The Website must be used for legitimate commercial business purposes only. You agree to use the Website in a way which does not abuse it or its functionality, or otherwise restrict or affect the ability of others to access and use the Website.

5. Additional Terms and Conditions

In order to fully access and enjoy the Website, you may be notified that you are required to use, download or install software (including for the avoidance of doubt a specific internet browser, browser version, a specific browser configuration, and/or Javascript) or content and/or agree to additional terms and conditions. You acknowledge and agree that any additional terms and conditions which are applicable to the Website are hereby incorporated into these Terms of Use.

6. Ongoing Obligations

These Terms of Use, as modified from time to time, will apply to you for so long as you access the Website. Any clause of these Terms of Use which by its nature or effect is intended to continue to apply to you after you stop accessing the Website, is capable of doing so, or is expressly stated to do so, and will continue in full force and effect after you stop accessing the Website.

7. Company Content

We grant to you a limited, non-exclusive right to access and use the Website and all other content and material associated with the Website which is owned by Us (and for the avoidance of doubt includes all trademarks, brand names, logos and audiovisual materials incorporated into the Website) (Website Content), for the purposes of using and enjoying the functionality of the Website. The access right only extends to your use of the Website and ends after you stop using the Website, or these Terms of Use otherwise cease or are terminated.

8. Use of Website and Website Content

You must not copy or reproduce the Website Content or any other element of the Website by any means or in any form without our prior written consent, except to the extent strictly required for you to access and use the Website. You must not modify or alter the Website's software in any manner whatsoever, or merge all or any part of the Website's software without our written permission. You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Website. We are not be obliged to support the Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise. You acknowledge that in the event that We modify, enhance, update or upgrade any part of the Website during the Term, these Terms of Use apply to that Website part.

9. Intellectual Property

(a) You retain ownership of all rights (including intellectual property rights) in any text, files, images, data, plans or other material (User Material) which you display, post, upload onto, publish or otherwise submit in your use of the Website.

(b) By submitting any User Material through the Website, you grant Us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, display, make available and distribute, and otherwise use, exploit and dispose of the User Content you have submitted to the extent necessary for Us to provide the Website to you and our other customers.

(c) You represent and warrant that the submission of the User Content through the Website does not and will not infringe the rights, including without limitation, the intellectual property rights, of any person or other third parties.

10. Prohibited Content

(a) Use of the Website which is objectionable, unlawful, illegal, could interfere with or adversely affect the proper operation of the Website or the use of the Website by other users, or for other activities prohibited by Us (including submission of User Content which is objectionable, unlawful, illegal, or is otherwise prohibited), is prohibited. You are solely responsible for all User Content which you submit on or through the Website, including for ensuring that all User Content that you submit on or through the Website, and any material or information that you transmit to other users, complies with all applicable data protection and privacy laws.

(b) We reserve the right to investigate and take any appropriate action (including removal of User Content without notice or legal action, if necessary) against you if We determine, in our sole discretion, that you have breached clause 10(a) of these Terms of Use. You must immediately notify Us if you become aware or reasonably suspect that a Website user is in breach or will be in breach of clause 10(a) of these Terms of Use.

(c) We reserve the right to reject, refuse to post/upload or delete any User Content in our sole discretion, at any time (including after successful posting/uploading) for any reason.

11. User Interactions

You are solely responsible for your interactions with other persons via the Website generally. You acknowledge that We have no obligation to monitor your interaction with other users of the Website and have no responsibility or other involvement in any dispute that may arise between you and another Website user.

12. Collection of information

You acknowledge and agree that We may, from time to time, use Javascript, cookies or other analytics tools in connection with the Website, for purposes including but not limited to storing your Website preferences, monitoring your use of the Website, determining whether you have installed all required software, to authenticate sessions, to customise material that is made available to you, or to otherwise provide the Website to you or to improve service quality or the operation of the Website. We may, from time to time, share this information in the anonymised form with its business partners or service providers. You acknowledge that if you set your computer to block all cookies, or do not have Javascript installed, you may restrict your access to certain features of the Website. Any Personal Information collected under this clause is subject to our Privacy Policy.

13. Disclaimers

To the extent permitted by law:

(a) We do not warrant that the Website (or any part of it) will be error-free, or free from any viruses, Trojan horses, worms, spyware or other malicious code, or that your use of the Website will be uninterrupted, or that the Website will meet your requirements. Accordingly, you expressly acknowledge and agree that use of the Website is at your sole risk, and further acknowledge and agree that to the extent permitted by law, the Website is provided "as is", with all faults and without warranty of any kind. Accordingly, We are not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to your use of the Website, including but not limited to any damage resulting from the access, download or use of Website Content or other material used by you as part of your use of the Website.

(b) We make no warranties or representations regarding the security of material, data and information uploaded or submitted by you in your use of the Website (including User Content) and are not responsible for the loss of any material, data and information uploaded or submitted by you in your use of the Website (including User Content). You must take all steps necessary to ensure that any User Content used in connection with the Website is regularly backed up by you or a third party.

(c) We expressly disclaim, to the fullest extent permitted by applicable laws and regulations, any statutory or other guarantee or warranty relating to the Website Content and the Website, including but not limited to guarantees of acceptable quality and warranties of merchantability or fitness for purpose.

(d) We cannot guarantee and do not promise, any specific results from use of the Website.

(e) in no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any User Content submitted as part of the Website or from your conduct, whether online or offline.

Nothing in this clause 13 is intended to operate to limit or exclude warranties, representations or guarantees that cannot by law be limited or excluded.

14. Security of User Content

Notwithstanding clause 13, We will make reasonable efforts to ensure that all User Content uploaded by you as part of your access to the Website is secure and not able to be accessed by unauthorised third parties and is backed up. By submitting your Personal Information to the Website, you agree to our use and disclosure of such information for the purposes of Us performing all of our obligations under these Terms of Use, and as otherwise permitted or required by law. We may disclose your Personal Information to third party service providers who assist Us in performing our functions and activities. Some of these third-party service providers may be overseas, in which case We will take reasonable steps to require them to comply with all applicable laws, including privacy laws. Any Personal Information collected under this clause is subject to our Privacy Policy.

15. Limitation of Liability

To the fullest extent permitted by applicable laws and regulations, We will not be liable for any direct, consequential, special or indirect loss suffered by you or any other party arising from your use of the Website Content, User Material, User Content or the Website. Notwithstanding anything to the contrary in these Terms of Use, to the extent We are unable to fully exclude its liability pursuant to applicable legislation, our liability to you in respect of any cause of action whatsoever will not in aggregate exceed the total amount of $100. Further, to the extent that it is entitled to do so, We limit our liability in respect of any breach of any applicable legislation which cannot lawfully be excluded (including the Competition and Consumer Act 2010 (Cth)) to, and at our sole option, either (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.

16. Governing Law

These Terms of Use will be governed by the laws of the state of Victoria, Australia, and you expressly submit to the exclusive jurisdiction of the courts of Victoria in respect of all matters relating to these Terms of Use and your use of the Website generally.

17. General

(a) You agree that these Terms of Use constitutes the entire agreement between us and you regarding your access and use of the Website.

(b) You acknowledge our right to act against you to prevent a breach of these Terms of Use and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also acknowledge that our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

(c) Every provision of these Terms of Use is independent of the other. Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.