TERMS AND CONDITIONS OF USE

General

The travelhedonism.com website (the "travel hedonsim website" or "Website") is operated by SzwiderisePty Ltd (hereinafter referred to as “we” or “us" or "our" as the context permits). By accessing or otherwise using the travel hedonism website, including the services which we introduce from time to time, you agree to be bound by these terms and conditions of use and you acknowledge that we provide the Website to you subject to these terms and condition of use.

You must read and accept (or reject) these terms and conditions of use as a condition of you accessing, browsing, using or relying on any part of this Website or a service provided via the Website. By accessing, browsing or using the Website you acknowledge that you have read, understood and agree to comply with these terms and conditions of use.

Amendments
We are entitled at our sole discretion to change, add or remove any part of these terms and conditions of use and to change, add or delete any features of the travel hedonism website at any time by posting the amendment on the Website or by notifying you by any other means of communication. Your continued use of the Website after this time constitutes an agreement by you to abide by and be bound by these terms and conditions of use, as so amended.

Intellectual Property
We own, or are otherwise licensed to use, all intellectual property in the travel hedonism website, unless indicated otherwise. Subject to these terms and conditions of use, we grant to you a non-exclusive and non transferable licence to view, download and use information directly accessible through the Website for personal and non-commercial use. Nothing contained herein shall be construed as granting any right, title or interest in any of trade marks, trade secrets, know-how or other intellectual property rights in relation to the Website or otherwise.  Any and all intellectual property rights in the Webiste (including, without limitation, all content, data and images) shall be our sole and exclusive property.

You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe our intellectual property (including, without limitation, our trade marks and copyright) in the travel hedonism website and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, distribute or communicate any part of the travel hedonism website or any information, data or music contained therein or otherwise use them in a way which will infringe our intellectual property or other property rights, except as permitted by law or with our prior written consent.

Disclaimer
Except as provided by law, the travel hedonism website is provided "as is" and without any warranty or condition, express or implied. We do not warrant that the information contained in or accessible through, or via, the travel hedonism website is accurate, up-to-date, suitable for your purposes or without errors, omissions or viruses nor do we guarantee continuous, uninterrupted or secure access to the travel hedonism website. You acknowledge that access and use of the travel hedonism website (including the software operating in connection with the travel hedonism website) may be interfered with by numerous factors outside of our control. We do not warrant the accuracy of any advice, opinion, statement, representation, map or other information displayed on or accessible through the travel hedonism website. Subject to the relevant requirements at law, we make no representations or warranties in respect of the information and materials available on, or via. the travel hedonism website or the means of accessing that information and material (including the software and maps operating in connection with the travel hedonism website).

We make no warranty or representation and accept no responsibility for any websites, services, products, data or maps operated or controlled by entities other than us which are or may become linked or framed to or from the travel hedonism website. You access those sites and use the products, services, data or maps made available at those sites solely at your own risk.

You acknowledge that traveling to certain destinations may involve greater risk than other destinations. We recommend that you review travel warnings, announcements and press releases issued by all relevant governmental authorities prior to booking or travelling. We will not be liable for any loss suffered as a result of your booking or travel experience. 

Use of Information
If you upload or otherwise provide any information or content ("Content") in the course of accessing or using the travel hedonism website, you agree that such Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading; or

  • infringes the intellectual or other proprietary interests of third parties; or

  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the travel hedonism website or otherwise breaches or encourages other users to breach these terms and conditions of use; or

  • violates any law, statute or regulation, or is contrary to any relevant standards or codes; or

  • forges information to disguise the origin of any Content; or

  • encourages or incites any other person to engage in any of the above behaviour.

You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in our favour.

Limitation of Liability
You agree that we are not liable to you or anyone else for any loss or damages (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of opportunity, loss of anticipated savings) arising out of or in connection with the use or access of the travel hedonism website (and all services related thereto), the use by us of Content, or any such loss or damage which may arise should you be unable to access the travel hedonism website or its services, for whatever reason and however arising and whether caused by breach of statute, breach of contract, negligence or other tort.

To the extent that we are able, at law, to limit the remedies available under these terms and conditions of use, we expressly limit our liability for breach of a condition or warranty, implied by virtue of any law, to the following remedies (the choice of which is to be at our sole discretion):

in the case of goods, any one or more of the following:

i. the replacement of the goods or supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the costs of having the goods repaired; and

in the case of services:

i. supply of the services again; or
ii. the payment of the cost of having the services supplied again.

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these terms and conditions of use;

  • any breach or inaccuracy in any of your representations or warranties; or

  • your use of the Website.

Links
You must not establish links, frames or references on any other website to the travel hedonism website or any other part or parts of the travel hedonism website, without our prior written consent. If you would like us to link to your website, please contact contact@travelhedonism.comThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

Third party content or materials
Products and services offered for sale or advertised, and information or maps provided on, or via, the Website may be products, services and information of, or related to, third parties. These products, services, information and third parties are not necessarily provided or endorsed by us and your legal relationship is with the third party. Those links have been provided for your reference or convenience only. We have not checked the accuracy, reliability or completeness of the information, or the suitability or quality of the products, services and maps of third parties. You must make your own enquiries with the relevant third party direct before relying on any third party information or entering into a transaction in relation to the third party products and services supplied via the Website or the services contained therein. You should check with the third party whether there are additional charges and terms which may apply. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on the Website or accessible through a hyperlink on the Website and you acknowledge and consent to us receiving same.

Breach and termination
If, in our reasonable opinion, you breach any provision of these terms and conditions of use we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the travel hedonism website. In any event, we may terminate these terms and conditions of use (and your right to use the Website) at any time and for any reason without prior notice to you.

Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms and conditions of use.

Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Severability
If any provision of these terms and conditions of use is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable to the extent that and the remaining provisions of these terms and conditions of use shall continue in full force and effect.

Waiver
Failure or delay by us in enforcing or partially enforcing any provision in these terms and conditions of use will not be construed as a waiver of any of our rights under these terms and conditions of use.

Choice of Law and Use of Website
These terms and conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. The Website is available only to people who can form legally binding contracts under applicable law.

PRIVACY POLICY

Subject matter and consent
Unless stated otherwise, this privacy policy regulates how we use your personal data. By using our Website, you consent to the collection and use of your personal data by us for the purposes set out herein.

Collection of data
If you would like to contact us via our website (whether as a general enquiry, submitting a testimonial or otherwise), the disclosure of personal data may be necessary. This data may include your name, address, email and other personal data requested by us or the Website. In addition cookies may be used to make our web presence as convenient as possible.

Use of your data
We may use, collect and store your personal data in order to measure site activity, constantly improve our range of services and to satisfy the user’s needs and also in order to communicate with you. We also use your data in order to protect our web pages and to trace unauthorised accesses. We do not sell, trade or rent your personal data to others.

Transmission of data
Your personal data will not be sold to third parties. We may assign other companies or individuals with the completion of particular tasks and services. These service providers only have access to your data to the extent necessary for the completion of their tasks. These service providers are obliged to treat your data according to the relevant privacy laws.

Third party links
The Website may contain links to web sites operated and maintained by third parties over which we have no control. The information practices of those websites are not covered by this privacy policy. Any information you provide to third party web sites will be governed under the terms of each such website's privacy policy. We have no responsibility or liability whatsoever for the content, actions or policies of third party websites. We encourage you to read the privacy policies of all third party web sites that link to/from this Website because such privacy policies may be materially different from our privacy policy.

Amendments of this privacy policy
We reserve the right to amend this privacy policy if necessary in order to adapt to future changes of the usage of your personal data. Any amendments to this privacy policy will be posted on our Website in a timely manner.

Contact
In case you have any queries concerning our privacy policy matters do not hesitate to contact us at contact@travelhedonism.com