MARKETPLACE TERMS AND CONDITIONS
Follow Travels Pty Ltd (ABN 24 606 960 883) (referred to as Follow Travels) provides a searchable directory and website advertising various businesses and entities (Traveller) and an introductory service between these Travellers and users who would like to identify a Traveller’s business or information about the Traveller generally using the Traveller’s vehicle number plate (Follower) (the provision of the directory and introductory platform collectively referred to as the Services). The Services are available on the Follow Travels website at www.followtravels.com.au (Site) and on the Follow Travels mobile application (App).
The Site, App and Services is intended for use only when the user is not driving a vehicle. Users of the Site, App and Services acknowledge and agree that:
They will not use their mobile phone, tablet, console or other mobile device to access or use the Site, App and Services when they are driving (including if the vehicle the user is driving is stationary but not in park); and
The user will not read any SMS, email messages, push notifications or other notifications generated by the Site or App on their Device when they are driving (including if the vehicle the user is driving is stationary but not in park).
Failure to do so is at the User’s own risk. Please refer to clause 17 for the full disclaimers.
Acceptance of Terms
These Directory Terms and Conditions (Terms) form a binding legal agreement between Follow Travels, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services including but not limited to Travellers and Followers (collectively referred to as Users, each a User). By using the Site, the App and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Follow Travels using the contact details at the end of these Terms.
- The User’s use of the Site, the App and the Services indicates that the User:
- has had sufficient opportunity to access the Terms and contact Follow Travels;
- has read, accepted and will comply with the Terms;
- has legal capacity to enter into a contract for sale;
- is 18 years or older or, if the User is a Follower and the Follower is younger than 18 years, the Follower has the approval of its parent or guardian; and
- If the User is a Traveller and is incorporated, it has the power and authority to agree to these Terms and supply the information requested by the Site, App and Services.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
These Terms may be amended from time to time. Use of Follow Travels’ Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. Although Follow Travels will notify Users regarding amendments to the Terms via the App, Follow Travels recommends that each User check the current Terms before continuing use of the Services. Follow Travels’ agents, employees and third parties do not have authority to change the Terms.
These Terms supplement and incorporate:
the Apple, Inc. Terms and Conditions including without limitation the Licensed Application End User License Agreement provided therein (Apple Terms); and
The Android, Google Inc. Terms and Conditions including, without limitation, the Legal Notices and Terms of Application (Google Terms).
If any of the provisions of the Apple Terms and the Android Terms or any applicable Follow Travels Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Application.
Use of the App and Services may be prohibited or restricted in certain countries. If a User uses the App or Services outside of Australia, they are solely responsible for complying with the laws and regulations of the jurisdiction from which they access or use the Application or Services.
Introductory Service Only
The Site, App and Services provide a searchable directory of Travellers and an online introductory platform between Travellers and Followers.
A User must register on the Site and create an account (Account) to be a Traveller.
A Traveller with an Account may create a profile as per information requested on the Site (Profile) including but not limited to the vehicle number plate (Number Plate) to promote their business, products and services.
Each Traveller represents that by linking a Number Plate to their Profile, they are entitled to display the Number Plate registration in accordance with the obligations of the Number Plate issuer in their respective State or Territory. A Traveller may link multiple Number Plates to their Profile.
Travellers can create Profiles for free (Free Profile) or pay a fee (Profile Fee). Payment of the Profile Fee permits a Traveller to include more information in a Profile, list offers and promotions and other additional features (Paid Profile) for a fixed period (Paid Period), as set out on the Site and App.
Followers can use the App to search a Number Plate and find a Traveller, view Profiles and contact Travellers via that Traveller’s contact details.
Each User understands and agrees that the Site and the App is an online introductory platform only, and that Follow Travels’ responsibilities are limited to facilitating the availability of the Site, the App and the Services.
Follow Travels is not a party to any agreement entered into between a Traveller and a Follower. Follow Travels is not a referrer or booking agent, and provides no such related services. Follow Travels has no control over the conduct of Travellers, Follower and any other users of the Site, the App and the Services. Follow Travels disclaims all liability in this regard, as set out in these Terms.
Any arrangement between a Traveller and a Follower is solely between the Traveller and Follower. It is strictly and expressly not part of the User’s agreement with Follow Travels. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. Follow Travels does not provide a User with and cannot guarantee that other Users have genuine intentions.
Each Traveller may only have one (1) Account on the Site and App including a Profile.
Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, location, vehicle details and select a username and password.
Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Follow Travels reserves the right to suspend or terminate any User’s Account and their access to the Site, App and Services if any information provided to Follow Travels proves to be inaccurate, not current or incomplete.
It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
The User will immediately notify Follow Travels of any unauthorised use of its Account or unauthorised use of their Number Plate.
Traveller and Traveller Profiles
- A Traveller which creates an Account is permitted to create a Profile. The Traveller’s Profile for its use of the Site and App is created from the personal information it provides to Follow Travels.
- Each Traveller acknowledges and agrees that it is responsible for its own Profile.
Each User should report to Follow Travels, any activities or requests of Users which are, or which the User reasonably believes to be:
- illegal; or
- likely to have a negative effect on the reputation of Follow Travels, the Site, the App, Services and/or a User.
- Each Traveller acknowledges and agrees that while the Site allows Users to communicate with each other, Travellers are not permitted to share to third parties the contact information of Followers they obtain from the Site or App without the Followers’ consent.
- Each User represents and warrants that any content that it provides and Profile that it posts:
- will not breach any agreements it has entered into with any third parties;
- will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
- will not conflict with the rights of third parties.
- For the avoidance of doubt, Follow Travels assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.
- Follow Travels reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile for any reason, including Accounts or Profiles that Follow Travels considers, at its sole discretion, to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, the App or Services.
There are no registration or membership fees payable by Followers for use of the Site and App.
Whilst Followers do not need to pay a fee for the Services, they acknowledge that the use of the Services may result in charges to them for the services they receive from Travellers, including any applicable insurance, delivery fees and taxes (Traveller Fees). Payment of Traveller Fees is strictly a matter between the Traveller and Follower. The payment of Traveller Fees does not take place via the Site and Follow Travels has no involvement in the payment of the Traveller Fees in any way.
If the Traveller requests a Paid Profile, the Traveller agrees to pay, upfront, the Profile Fee as set out on the Site, in the currency specified on the Site, at the time that it requests a Paid Profile.
Goods and Services Tax (GST) will be charged where applicable.
The Traveller must pay for the Services by PayPal or using other payment method as set out on the Site through the payment gateway used by Follow Travels. Payment will be processed upon receipt of the request for a Paid Profile. The Traveller must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for a Paid Profile may be cancelled.
In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made, with exception to action taken under the Refund Policy set out in these Terms.
If the User makes a payment by credit card, the User warrants that the information provided to Follow Travels is true, accurate and complete, that the User is authorised to use the credit card to make the payment, that the payment will be honoured by the card issuer and that the User will maintain sufficient funds in the account to cover the purchase price.
Follow Travels’ pricing structure or payment methods may be amended from time to time at its sole discretion.
Offers and Promotions
- Follow Travels may, from time to time, make offers or promotions which may be applicable to the Services.
- The conditions of such offers or promotions will be specified on the Site.
- The User acknowledges and agrees that Follow Travels may, at its sole discretion, remove or extend any offers or promotions and Follow Travels will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
- By using our Site, App and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Traveller, Follower or other User or third party, will be limited to a claim against the Traveller, Follower or other User or third party, who caused harm to him or her. Follow Travels encourages Users to communicate directly with the relevant Traveller, Follower, User or third party to resolve any disputes.
- Follow Travels welcomes feedback from its Users. Follow Travels seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
If there are any complaints from a User, Follow Travels will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Follow Travels’ response, the User and Follow Travels agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Follow Travels agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
- If a resolution cannot be agreed upon at the Initial Meeting, either the User or Follow Travels may refer the matter to a mediator. If the User and Follow Travels cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
- Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
Cancellation of Registration
- If a User wishes to cancel its Account or Profile, it will need to do so in email to the email address set out at the bottom of these Terms. Users can also deactivate their Account at any time via the Site or App.
- No refunds will be made upon cancellation or removal of a Paid Profile as a result of breach of these Terms. Any refunds available are set out in the Refund Policy below.
- Follow Travels may issue a refund of any Profile Fee paid by a Traveller if, after the Profile is made available on the Site and during the Paid Period Follow Travels, at its discretion, does not publish the Traveller’s Profile
- Any cancellation, exchange or refund of a payment made to a Traveller is strictly a matter between the Traveller and the Follower who made the payment. The terms and conditions agreed to between the Traveller and Follower should be set out clearly before the Follower engages the Traveller for goods or services.
- Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
- If the User is a consumer as defined in the ACL, the following notice applies to the User from Follow Travels: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
- All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Follow Travels (or its affiliates and/or third party licensors as applicable).
- The User agrees that, as between the User and Follow Travels, Follow Travels owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Follow Travels or the owner of the content.
- Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
- Follow Travels’ Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Follow Travels or the applicable trademark holder or Intellectual Property owner.
- Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Follow Travels or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
- Subject to these Terms, Follow Travels grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site, App and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site, App and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Follow Travels’ prior written consent.
- The right to use the Site, App and Services is licensed to the User and not being sold to the User. A User has no rights in the Site, App and Services other than to use it in accordance with these Terms.
- This Agreement and User Licence governs any updates to, or supplements or replacements for the Site, App and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
Limited Licence to use Follow Travels’ logos
- A Traveller may submit requests to Follow Travels using the contact details set out below to use Follow Travels’ trade marks, logos (Follow Travels Logos) on the Traveller’s vehicle which displays the Number Plate linked to a Profile. Follow Travels will consider each request on a case by case basis.
- Any proposed use of the Follow Travels Logo is subject to approval. Follow Travels may at its discretion accept or reject a Traveller’s request to use the Follow Travels Logos. If such request is approved, Follow Travels grants the Traveller a non-exclusive, non-transferable, limited and revocable licence to use Follow Travels Logos strictly for the Traveller’s marketing and/or advertising purposes on their vehicle. Follow Travels may revoke its approval at any time at its sole discretion and the Traveller must immediately cease using the Follow Travels Logo and remove it from the Traveller’s vehicle as soon as practicable.
Permitted and Prohibited Conduct
The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site, App and Services. In connection with the User’s use of the Site, App and Services, the User may not and agrees that it will not:
- use the Site, App or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Site, App or Services while they are driving or in a vehicle that is stationary but not in park;
- register for more than one Account or register for an Account on behalf of another individual and/or entity without providing to Follow Travells written consent from a Traveller’s authorised representative;
- upload a Profile or any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile;
- submit any false or misleading information;
as a Traveller:
- offer any products or service that it does not intend to honour or cannot provide; and
- link a Number Plate to a Profile for which the Traveller (or its affiliate or related bodies corporate) does not hold or is an authorised user of the Number Plate registration;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- copy, store or otherwise access any information contained on the Site, App and Services or content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Site, App or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site or App;
- use, display, mirror or frame the Site or App, or any individual element within the Site or App, Services, Follow Travels’ name, any Follow Travels trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Follow Travels’ express written consent; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- The Site, App, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, App, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Follow Travels and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App and Services, or Intellectual Property.
The User must not post, upload, publish, submit or transmit any content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- is fraudulent, false, misleading or deceptive;
- denigrates Follow Travels, the Site, the App, Services, a Traveller or a Follower;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
- Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site, App and Services, the User grants to Follow Travels a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, App and Services.
The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site, App and Services. The User represents and warrants that:
- it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site, App and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Follow Travels the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
- neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Follow Travels’ use of the User Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Follow Travels may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
- Follow Travels does not guarantee that the Traveller will be contacted by any User or the Traveller’s product(s) and/or service(s) will be requested by any User, nor does Follow Travels guarantee that Follower will be able to find desirable Traveller or appropriate product(s) or service(s), a specific Number Plate on the Site or App or the Profile linked to a Number Plate is the Traveller that holds the certificate of registration for the Number Plate.
- Follow Travels does not endorse any Traveller, Follower or Profile. Follow Travels requires each Traveller to confirm that they have provided accurate information including confirmation that they are the lawful user of a Number Plate. Follow Travels does not perform any sort of background checks of Travellers or Followers, and does not confirm, any Traveller, their Profile and the Traveller’s certificate of registration for the Number Plate.
- Follow Travels cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Traveller products or services promoted via a Profile. Users are responsible for determining the identity and suitability of Traveller that they contact via the Services.
- Follow Travels accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site or the App. Follow Travels disclaims any and all liability related to any and all Travellers, Followers, Profiles and any information relating to a Number Plate.
- By using the Site, App or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Travellers, Followers or other third parties will be limited to a claim against the Traveller, Followers or other third party who caused them harm. Follow Travels encourages the User to communicate directly with the relevant Traveller or Follower on the Site, App and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
- To the fullest extent allowable under applicable law, Follow Travels disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site, App or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
- For the avoidance of doubt, Follow Travels is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Follow Travels advises that all Users using the Site, App and Services should seek advice in relation to these matters.
- Each User acknowledges and agrees that the accessibility and reliability of the App, Site and Services is dependent on the User’s choice of web-browser, internet connection and device operating system.
- Follow Travels does not warrant that use of the Services will be uninterrupted or error free. The operation of the App and Site is dependent on public telephone services, computer networks and the Internet, which can be unpredictable and may from time to time interfere with the access to or use of the Site, App and Services. Follow Travels accepts no responsibility for any such interference or prevention of your use of the Services.
- Each Traveller and Follower who uses the Site, App and the Services does so at their own risk.
Follow Travels excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
- Follow Travels expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
- Follow Travels does not warrant that the Site, the App, the Services, content on the Site or App (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site, the App or the Services will be error free, that any defects will be corrected or that the Site, the App or the server which stores and transmits material to the User is free of viruses or any other harmful components;
- Follow Travels takes no responsibility for, and will not be liable for, the Site, the App, the Services, a Traveller, a Traveller’s products or services being unavailable, of a particular standard of workmanship, failing to meet the Profile description failing to meet the User’s needs, or being of less than merchantable quality; and
- Follow Travels will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, the App, Services, content on the Site or App, inability to access or use the Site, the App, the Services, any Profile, contacting a Traveller or the Terms, even if Follow Travels was expressly advised of the likelihood of such loss or damage.
- The User agrees not to attempt to impose liability on, or seek any legal remedy from Follow Travels with respect to such actions or omissions.
Limitation of Liability
- Follow Travels’ total liability arising out of or in connection with the Site, the App, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Follow Travels in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between Follow Travels and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Follow Travels.
- Each User agrees to defend and indemnify and hold Follow Travels (and Follow Travels’ parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the App, Site or Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
- Follow Travels reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
- This defence and indemnification obligation will survive these Terms and the User’s use of the Site, App or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Follow Travels without restriction.
- Accuracy: While Follow Travels will endeavour to keep the information up to date and correct, Follow Travels makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site or App for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Follow Travels expressly excludes any liability for such to the fullest extent permissible by law.
- Security: Follow Travels takes reasonable steps to store and protect your information. Any data stored on the Site may also be subject to periodic backups.
- Service Level: Follow Travels will strive towards maintaining a 99.5% uptime, not including scheduled maintenance.
- Termination: Follow Travels reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site or App at its sole discretion, without incurring any liability to the User, including but not limited to, if the User breached these Terms.
If Follow Travels decides to terminate a User’s Account, with or without notice to the User, the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, App, Services, its Account or its User Content.
- Fraudulent Activities: Each User acknowledges and agrees that, in the event Follow Travels reasonably suspects that there are fraudulent activities occurring within the Site, App and Services, Follow Travels reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
- Force Majeure: Follow Travels will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
- Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Follow Travels of any of the Terms shall be effective unless Follow Travels expressly states that it is a waiver and Follow Travels communicates it to the User in writing.
- Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Follow Travels’ prior written consent.
- Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Jurisdiction and Applicable Law: These Terms, use of this Site, the App, the Services and any dispute arising out of any User’s use of the Site, App or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site and App may be accessed throughout Australia and overseas. Follow Travels makes no representation that the content of the Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site or App from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where they accesses the Site or App.
- Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Follow Travels and each User, and supersede any prior agreement, understanding or arrangement between Follow Travels and each User, whether oral or in writing.
For questions and notices, please contact:
Follow Travels Pty Ltd ABN 24 606 960 883
C/ 81 Carnarvon Street
Silverwater NSW 2128
Last update: 10 May 2016
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.