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Terms of Service and Terms of Use

General Introduction

These pages set out the terms and conditions (the "Terms) under which you may use the website www.itineraryshare.com (the "Site"). Please read the Terms carefully. If you do not accept the Terms you must not use the Site. In these Terms, the term "Site" includes any email bulletins or other content that we provide to you via or initiated from the Site.

The Site displays information about international travel experiences; travel generally, leisure time activities and information about us as a company.

By using the Site, you indicate your acceptance to be bound by the Terms.
The Site is owned and operated by Itineryshare.com Pty Ltd ("we", "us") for individuals over the age of 16 and other entities ("you", "your"). The Site is not currently designed for tour operator or travel agents trying to sell a product. Any tour operators and/or travel agents who wish to link to the Site or advertise with us must contact us on feedback@itineraryshare.com and must not advertise on the Site without our express written consent.

If you are not 16 years of age or older you will need a permission in writing from one or more of your parents before posting any material. You warrant that you are able to create legal binding obligations for any liability you may incur as a result of using the Site.

You are responsible (financially and otherwise) for all uses of the Site by you and those using the Site using your login details, including your password; and the information you supply via the Site will be accurate and not misleading, deceptive or likely to be mislead or deceive.

We reserve the right to modify these Terms of Service from time to time without notice and are any amendments are retro-active and of retro-active effect.

We accept no responsibility for information supplied to us by third parties including you.

You must only use the Site for lawful purposes and in a responsible and co-operative manner.

Any breach of these Terms by you may result in legal action being taken by us against you.

You must not:

• use the personal information of another person or entity, including name, login details or password without written permission from that person or entity;
• make any fraudulent or false claims using the Site;
• use the Site while impersonating another person or entity;
• post or transmit to or via the Site any unlawful, threatening, defamatory, libellous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
• tamper with, hinder the operation of or make unauthorised modifications to the Site;
• delete data from the Site without our permission;
• knowingly transmit any virus or other disabling feature to the Site;
• breach any third party's rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using the Site;
• frame the Site as part of another site or cache the Site for commercial benefit;
• commit any act that may amount to a criminal offence or civil breach of any other jurisdiction;
• attempt to do any of the above acts; or knowingly permit another person to do any of the above acts.
• use a nickname that we consider inflammatory, vulgar or rude. If you do we reserve the right to remove that name without notice. All material on the
• Site is moderated for foul language and commercial or promotional posts.
• be disrespectful of other users, the Site and/or the moderators.
• link to adult content, pages with links to adult content including model and swimsuit sites or material describing anything against the law. If you do, such content will be removed as soon as possible and without notice to you and at our absolute discretion.
• drop promotional urls, signature files, nor material that would lead people to commercial sites and/or tour operator or travel agents sites.
• create any direct 'relationship' requests with other people and/or entities e.g. dating and/or commercial relationships.
• post email addresses in forum posts or travel blog entries (moderators will remove these when seen)
• post in a language other than English
• post another member's personal details or web site details without written permission. If you do we reserve the right to bar you from the Site without notice.
• make claims of action and/or calls to action against any entity, company and/or person
• hold us or our agents liable for anything stated within the forums or journals
• engage in personal attack or hate speech. If you do we reserve the right to bar you from the Site without notice.

Indemnity

You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
any breach of these Terms by you;
any act or omission by you or an officer, employee or agent of you; or
any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.

Disclaimers and Limitation of Liability

You use the Site at your own risk.

The Site is provided by us on an "as is" basis. We do not warrant or represent that the content of the Site is accurate, up-to-date or complete, or that it does not infringe the rights of any third parties.

We make no representations or warranties of any kind with respect to the Site, its contents or any of the products or services supplied through the Site.

To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the Site will be of merchantable quality, fit for any purpose or will comply with any descriptions on the Site or samples.

To the maximum extent permitted by law, we (including our officers, employees, shareholders or other representatives) are not liable for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of or inability to access the Site or the purchase and use of any products and services supplied via the Site. This limitation of liability (whether arising under contract, tort (including negligence) or statute) applies to all damages of any kind including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.

In the event that the Site fails to operate or causes you loss or damage, your sole remedy is the refund of any money that you paid to us to use the Site.

Your access to and use of the Site is subject to factors beyond our control. We do not represent or warrant that the Site, the server that makes it available or any of the products or services supplied through the Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the world wide web, we do not warrant that the Site will be secure and we will not be liable for any disruptions to the Site.

If any warranties are implied by law that cannot be excluded, then our liability for breach of such warranties is limited.

Our rights and what we will do

We reserve the right to edit any and all content that has been placed on the Site.

We reserve the right to bar you from the Site

We will use best endeavours to protect your privacy and respect your posts.

We will not edit or misrepresent what you write without cause.

If you place a message in any forum or message board or similar we will treat it as if you have granted us a licence to use the message as we see fit.

Discussions about moderator or administrator actions are not to be discussed in public forums.

We do not accept responsibility for any content on the Site. Messages posted at the Site are the sole opinion and responsibility of the poster.

All forums, message boards, blogs and journals are surveilled and moderated by us. You must read the charter for any forum in which you post. The charter will be located on the main page of each forum.

If you sign up a user name that is an obvious domain, product or trade mark name we reserve the right to immediately remove it without notice to you and in our absolute discretion.

The forums and journals are not a venue for advertisements. It is at our sole discretion to determine what an advertisement constitutes.

We will endeavour to provide and retain independent and unbiased information on the Site related to travel and leisure time activities.

Linking

We may link our Site to other sites on the world wide web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them.

We are not responsible for the content of other sites, even if we link to them and we do not recommend the said sites or their products or services to you.

We make no warranties and accept no liability if you suffer any loss or damage in relation to material contained on external sites or using another's product or services.

Amendments

Except as otherwise specified, we may amend these Terms at any time without notice to you by posting amended Terms on the Site. The amended Terms will take effect immediately when they are posted on the Site.

Termination

We may terminate this agreement, your registration with or ability to access the Site and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms.

Our relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these Terms.

Except as required by law or otherwise specified by us, you must provide any notices to us by email to feedback@itineraryshare.com.

We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received.

Intellectual Property

The material contained on the Site, including (without limitation) the software, design, text and graphics and compilations thereof (including trade marks and logos) on the Site and the selection and layout of the Site, are owned or licensed by us and are protected by Australian and international intellectual property laws, including copyright.

You may only use the Site for personal purposes not commercial purposes. Except to the extent permitted by relevant intellectual property legislation, you must not use, copy, modify, transmit, store, publish or distribute any material on the Site, or create any other material using material on the Site, without obtaining our prior written consent from the owner or us, as appropriate.

Trade marks (whether registered or unregistered) must not be used or modified in any way without obtaining our prior written consent.

The Site, including trade marks, domain names, business names, company names, logos, get-up, trade dress, products, technology, know how and processes contained in the Site may be the subject of intellectual property rights owned by us or by third parties. No licence is granted in respect of the said intellectual property rights other than as set out in these Terms. Your use of the Site must not in any way infringe the intellectual property rights of any person, entity or third party in any territory and/or jurisdiction.

Governing law

If any dispute arises about this agreement or how this agreement applies or arising out of your use of the Site, the laws of New South Wales, Australia will apply.

You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and waive any right that you may have to object to an action being brought in those courts.

Miscellaneous

If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.

Headings are for reference purposes only.

If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
These Terms were last updated on 1 September 2008