TERMS AND CONDITIONS

General Terms

Definitions

TRAVEL SCAVENGER is an online service that enables users to research, find, and book travel experiences. TRAVEL SCAVENGER offers a variety of tours, tickets, packages and activities (“products”) through travelscavenger.com and its mobile application (collectively, this “Website”). This Website is provided to assist customers in gathering product information, posting opinions of said products, engaging in interactive travel forums, and searching for and booking reservations for Products, and for no other purposes.

The terms “we”, “us”, “our” and “Travel Scavenger” refer to TRAVEL SCAVENGER 

travelscavenger.com is owned and operated by Travel Scavenger (ABN: 90 914 482 388) located at PO Box 651, Terrey Hills NSW 2084, Australia.

“Supplier” means a supplier of above products or member advertiser who has subscribed and provides Services through our website to the services on the website.

“Content” means any and all material, links, words, images including but not limited to any goods and services the supplier or subscriber submits, advertises or links to the website.

The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

Notice of Terms and Conditions

If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.

The information contained in this website is for general information purposes only. While we endeavour to ensure and keep the information up-to-date and correct but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose.

Nor does travelscavenger.com make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements, third party websites and any offerings made by the advertisers. We do not undertake any liability or obligation with regard to the content and you therefore use our website and services at your own risk.

In addition, travelscavenger.com shall not be responsible or liable for the statements, conduct or action of any third party advertiser on this website.

Every effort is made to keep the website up and running smoothly. However, travelscavenger.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Liability

PLEASE READ THOROUGHLY

It is a pre-condition to you using our website that you agree and accept that TRAVEL SCAVENGER is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors, inaccuracies or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors (including without limitation, the pricing, availability, images, features, inclusions and exclusions, product descriptions, reviews, ratings etc) to the fullest extent permitted by law.

TRAVEL SCAVENGER acts only as an agent for the passengers in all functions pertaining to products and assumes no liability for injury, loss, damage, accident, delay or inconveniences which may occur either by reason of defect, or as acts of government or other civil authorities (war, civil disturbances, strikes, etc.) or from any cause beyond TRAVEL SCAVENGER’S control. TRAVEL SCAVENGER can accept no responsibility for the loss or additional expenses due to delay or changes in schedule or other causes.

THE THIRD-PARTY SUPPLIERS PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVEL SCAVENGER. TRAVEL SCAVENGER and its suppliers reserve the right to vary itineraries in order to improve each tour. TRAVEL SCAVENGER and its suppliers reserve the right to cancel or rescheduled any tour departure in accordance with operational requirements.

The inclusion or offering of any products or suppliers on this website does not constitute any endorsement or recommendation of such products or suppliers by TRAVEL SCAVENGER.

TRAVEL SCAVENGER disclaims all warranties and conditions that this websites, its servers or any email sent from TRAVEL SCAVENGER are free from viruses or other harmful components.

TRAVEL SCAVENGER disclaims all warranties and conditions with regard to this information, content software, products, services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, to the extent permitted by law.

In no event shall TRAVEL SCAVENGER (or its officers, directors and affiliates) by liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages (including without limitation loss of data or information or costs to procure substitute goods or services) arising out of, or in any way connected with, product of service bookings made by you through this website or your access to, display of or use of this website or with the delay or inability to access, display or use this website (including but not limited to, you reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if TRAVEL SCAVENGER has been advised of the possibility of such damages.

The 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 TRAVEL SCAVENGER.

Restrictions On Product Use

Certain products provided by suppliers are subject to certain restrictions such as, but not limited to; minimum/maximum age, weight and/or health. These restrictions are outlined on the relevant product information page or in the individual SUPPLIER terms and can be found under ‘important information’ and/or ‘terms and conditions’. Please read this information thoroughly. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the provider of your experience.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), TRAVEL SCAVENGER’S liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

Passport, Visa and Insurance requirements

It is your responsibility to check you have the appropriate travel and identification documents for your journey especially (but without limitation) if you booked tours, activities or products of a country different from the country of departure. No refund will be granted in case of lack or loss of ID documents.

We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase. Please review your travel insurance policy carefully for related terms and conditions.

Copyright and Trademark Notice

All contents of this Website are: ©2016 Travel Scavenger. All rights reserved. TRAVEL SCAVENGER is not responsible for content on websites operated by parties other than TRAVEL SCAVENGER. All other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Travel Scavenger and/or its suppliers and may not be copied, imitated or used, in whole or in part, without the prior written permission of TRAVEL SCAVENGER or the applicable trademark holder.

In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TRAVEL SCAVENGER and may not be copied, imitated or used, in whole or in part, without the prior written permission of TRAVEL SCAVENGER.

All other trademarks, registered trademarks, product names and company names or logos and associated images mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TRAVEL SCAVENGER.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download contents to a local hard disk extracts for your personal and non-commercial use only.
you may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in our website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Jurisdiction

This agreement and this website are subject to the laws of New South Wales and Australia. You agree that all claims you may have against TRAVEL SCAVENGER arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Use of the Website

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a TRAVEL SCAVENGER account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our Website. TRAVEL SCAVENGER does not knowingly collect the information of anyone under the age of 18.

Your use of this Website is intended for personal, non-commercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.

You further represent and warrant that you (a) have not previously been suspended by TRAVEL SCAVENGER or otherwise banned from using the Website; (b) are not a direct competitor of TRAVEL SCAVENGER; (c) you will not have more than one TRAVEL SCAVENGER account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason in our sole discretion, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. TRAVEL SCAVENGER does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

TRAVEL SCAVENGER cannot be held responsible for your choice of product or service. We are at no time responsible for any loss, damage or issues you may have with the Supplier, package, deal and/or any other offer services you choose and cannot be held responsible for any direct or indirect loss you may suffer as a result of using the Supplier product. TRAVEL SCAVENGER cannot confirm that the information on any of the third party advertising websites is accurate or up-to-date. By using this website and the goods and services offered through the suppliers on this website, you agree and acknowledge that you do so at your own risk and that we are not liable for any action or inaction of the suppliers.

Should you have any problems with the services or products, you must take action at first instance directly with the supplier seller of the products and goods or services.

Currency Converter

If a currency converter is provided on TRAVEL SCAVENGER’S websites and applications, currency rates are based on various publicly available sources and should be used as guidelines only, actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but TRAVEL SCAVENGER does not warrant or guarantee such accuracy.

All payments are made and accepted in the local currency of the SUPPLIER irrespective of use of the currency converter tool.

Cancellation & Refund Policy

We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation.

There are NO REFUNDS on any lost, expired vouchers or in the event you do not attend, miss or are late for the activity or Products.

Please be aware that TRAVEL SCAVENGER is bound by the cancellation terms and conditions of the SUPPLIER, as such Travel Scavenger will only be able to refund the amount that the tour operator dictates as applicable to your cancelled booking. Please be sure to review the Product and/or Supplier cancellation and refund policy provided on the product information page under ‘important information’ and/or in the individual SUPPLIER ‘terms and conditions’. TRAVEL SCAVENGER does not charge additional cancellation fees so will always refund any amount that the supplier deems as applicable in case of cancellation. Refunds can take up to 3-7 business days to appear on your bank statement depending on the speed of your bank to process refunds.

TRAVEL SCAVENGER does not handle nor is it responsible for any cancellations or refunds for any product purchased outside of TRAVEL SCAVENGER’S direct booking system. Cancellations and refunds relating to products purchased through third party websites  linked to by TRAVEL SCAVENGER must be dealt with directly through the supplier.

Any dispute you may have regarding a Product and its delivery ,or lack thereof, is solely between you and the Supplier. You agree to try, in good faith, to resolve any disputes, claims or other issues directly with the Suppliers. TRAVEL SCAVENGER will try to assist you where possible but we are at no time responsible for any Supplier action or inaction. Your contract for Products is directly with the Supplier and you are to make any claim for Products directly with the Supplier.

TRAVEL SCAVENGER does not handle nor is it responsible for any cancellations or refunds for any product purchased outside of TRAVEL SCAVENGER’S direct booking system. Cancellations and/or refunds for such products must be dealt with directly through the supplier.

Pricing, Payment and Inclusions

Pricing

Prices listed on the Website are per person, unless otherwise specified. Price quotations are subject to change without notice, until a booking has been confirmed. Tips/gratuities, baggage or personal insurance, beverages or food not described in the product’s description and all other purchases of a personal nature are not included. The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on travelscavenger.com and the final amount charged to your bank account or credit or debit card statement.

Payment

Full payment by credit or debit card is required to make a reservation. We process payment in Australian Dollars. For other currencies, the price is indicative and the amount will be charged in AUD at the conversion’s rate applicable on the date of your booking.

Delivery

All our Products are provided electronically. After payment, the product SUPPLIER will send a confirmation / voucher by e-mail. All information regarding the travellers should be correctly given at the time of booking.

All requests for modifications/amendments must be sent by email to the SUPPLIER or TRAVEL SCAVENGER directly. TRAVEL SCAVENGER cannot be held responsible for any problem that may happen if you don’t receive or read carefully your confirmation / voucher. In case you have not received your confirmation you must notify TRAVEL SCAVENGER or the SUPPLIER before the date of service. Any change to date of your booking of the Product is dependent on the availability and individual SUPPLIER terms.

Third Parties and Links to Other Sites

Through this website you may be able to link to other websites which are not under the control of travelscavenger.com. We have no control over the nature, content, availability or privacy practices of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.

TRAVEL SCAVENGER does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve this website and its services but not for any other use.

TRAVEL SCAVENGER’S website may contain information provided by third parties for which it accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Privacy

TRAVEL SCAVENGER respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by logging in to member’s area and editing and saving your details. All information we receive from our customers is protected by our secure servers. TRAVEL SCAVENGER secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data collected is secured against unauthorised use or access. We do not store credit card information on our servers.

Disclosure of Information

TRAVEL SCAVENGER may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of TRAVEL SCAVENGER, its customers or third parties.

Amendment of Terms

TRAVEL SCAVENGER reserves the right to change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We will endeavour to highlight any significant or substantive changes to you where possible.

LAST UPDATED: 10th August 2016

Member Terms

Membership Terms of Use

These Terms of Use (“Terms”) apply to all Members (known on the site as “Scavengers” to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By using our website and services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms, we cannot accept your registration and you cannot use our website.

Membership

You need to create an account and provide information about yourself in order to use some of the features on the Website. You must also be 18 years of age or older to use the website and purchase any Products.

Membership Agreement
In signing up to be a member of TRAVEL SCAVENGER you agree to the following:

  • You are responsible for maintaining the confidentiality of your account password and login credentials.
  • You will keep your contact and other information updated.
  • You warrant that all information you provide is true, correct, up-to-date. and accurate personal information and details.
  • You are also responsible for all activities that occur in connection with your account.
  • You agree to notify us immediately of any unauthorized use of your account.
  • Your account is for your personal, non-commercial use only.
  • You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
  • You must ensure you have read and are familiar with any Supplier’s individual terms and conditions when using or booking any Product.
  • Any recommendations, comments or posts to our website will abide by our terms and rules and only make correct, accurate and in good faith Posts. We will not condone bad language nor will we permit false claims, defamation, fraud, collusion or the false promotion of any Supplier. We
    can at any time, in our sole discretion, remove any Post.
  • Any dispute you may have is solely between you and the Supplier. You agree to try, in good faith, to resolve any disputes, claims or other issues directly with the Suppliers. We will try to assist where possible but we are at no time responsible for any Supplier action or inaction. Your contract for Products is directly with the Supplier and you are to make any claim for Products directly with the Supplier.
  • If you close your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content.
  • You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms.

We reserve the right to close your account at any time for any or no reason. We will also take action, where required, against any Member that does not abide by our Terms in relation to Posts and/or misuse of the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.

Content
You and other users of our Website can contribute to the Website through reviews, updating posts, contributing to threads and sharing posts. We may use your Content in a number of different ways, including, among other things, displaying it on the Website, reformatting it, translating it into other
languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.

Accordingly, please be aware that by submitting Content, you grant TRAVEL SCAVENGER and it saffiliates a worldwide, nonexclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocableand fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Content. You acknowledge that TRAVEL SCAVENGER may choose to provide attribution of your comments or reviews at our discretion. You further grant TRAVEL SCAVENGER the right to pursue at law any person or entity that violates your or TRAVEL
SCAVENGERS rights in the Content by a breach of these TERMS. You acknowledge and agree that Content is non-confidential and non-proprietary. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by TRAVEL SCAVENGER or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever
release TRAVEL SCAVENGER, and its licensees, successors and assigns, from any claims that you could otherwise assert against Viator by virtue of any such moral rights.

TRAVEL SCAVENGER and its affiliates may display advertisements and other information adjacent to or included with your Content on the Website. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

By contributing any CONTENT, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

  • Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  • Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the security regulators and security exchanges; and
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Viator.
  • Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations.
  • Private information of any third party, including, without limitation, surname (family name)
    addresses, phone numbers, email addresses, personal identification numbers and credit card numbers.
  • Viruses, corrupted data or other harmful, disruptive or destructive files.
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;
    or
  • Content or links to content that, in the sole judgment of TRAVEL SCAVENGER, (a) violates the
    previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) may expose TRAVEL SCAVENGER or its affiliates or its users to any harm or liability of any type.
  • You alone are responsible for your Content. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that
    you own, or have the necessary permissions to use, and authorise the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by Travel Scavenger.

TRAVEL SCAVENGER takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TRAVEL SCAVENGER liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TRAVEL SCAVENGER is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.

Although TRAVEL SCAVENGER has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, TRAVEL SCAVENGER reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense. TRAVEL SCAVENGER has no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the TERMS and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website.In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

Liability
AS A USER OF THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER TRAVEL
SCAVENGER NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TRAVEL SCAVENGER AND OTHER USERS.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Content, the Products or any information contained on the website or linked to it. This includes but is not limited to any loss, personal injury, death, loss of profits, revenue, salary, reliance on the information on the website, access to or inability to use the website.You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct and contact by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising
directly or indirectly as a result of any conduct and contact by you in using our website services, including but not limited to any third party claims.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Products you purchased.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

We are acting as a facilitator only and are not responsible for any loss, damage or issues you may have with an Supplier and cannot be held responsible for any direct or indirect loss you may suffer as a result of your purchase and use of their Products.

Jurisdiction
These Terms are governed by the laws of New South Wales, Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning these Terms.

LAST UPDATED: 10th August 2016