PARADISE SEEKER PTY LTD ACN 602 374 354
TERMS OF SERVICE
A.1 These Terms of Service form an agreement (Agreement) between PARADISE SEEKER PTY LTD, ACN 602 374 354 (Paradise Seeker) and the User (Visitor, Member or User where implied by context).
C.1 Website Description
(a) Paradise Seeker is an online holiday resort reviewing platform (Site) that allows a visitor (Visitor) to:
i Browse and search for Reviews of resorts that meet the Visitor’s preference criteria; and
ii Register an account as a Member (Member).
(b) Once registered as a Member, the Site allows Members to access the following Services (Member Services):
i Write reviews and rate various criteria of holiday resorts that will be made available to other Users on the Site (Review); and
ii Receive emails and other notifications from Paradise Seeker from time-to-time.
(c) The Site does not offer services to holiday resorts, but is intended to be an independent Review platform for:
i Guests that have used particular holiday resorts; and
ii People planning a holiday to find a resort that suits them.
(d) User (User) is the collective term used to refer to Visitors and Members.
(e) Visitor Services and Member Services shall be together referred to as the Services (Services), and
(f) The Site is available through the URL http://www.paradiseseeker.com (or other domain as used by Paradise Seeker from time-to-time).
A User’s license to access the Site as a User shall be ongoing unless terminated by Paradise Seeker in accordance with these Terms.
C.3 Limitations on Use
Paradise Seeker may limit or restrict access to the Site from time-to-time on any basis as it sees fit, including (but not limited to):
(a) Age & Capacity. Visitors under the age of 18must not use the Site without their parent or guardian’s consent. Only persons over the age of 18 may register as a Member;
(b) Location. Paradise Seeker may restrict access to the Site from any location;
(c) Certification of Identity. Paradise Seeker may restrict access to the Site where it cannot, in its absolute discretion, verify the Member identity. Additionally Paradise Seeker may restrict access if a User:
i Uses another person’s name, username or password without permission;
ii Collects or stores personal data about other Users;
iii Impersonates or otherwise misrepresents their identity, age or affiliation with any other person or entity;
(d) Inappropriate Content. Paradise Seeker may restrict access to the site if a User uploads, writes or otherwise makes available any content that Paradise Seeker considers in its sole discretion to be offensive or otherwise inappropriate. Such content that Paradise Seeker is likely to consider offensive may include (but is by no means limited to):
i Offensive, explicit or inappropriate language;
ii Content that is sexual in nature;
iii Racist, sexist or otherwise discriminatory content;
iv Content that User is aware is incorrect or otherwise inaccurate;
v Content that is not relevant to the Services offered by Paradise Seeker; or
vi Any other content that Paradise Seeker considers inappropriate;
(e) Unsolicited Promotion: Paradise Seeker may restrict access to the Site if a User uploads, posts, emails or otherwise transmits any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation;
(f) Use of Content: Paradise Seeker may restrict access to the Site, or hold a User liable if it downloads or posts any material that they know, or ought to know cannot be legally distributed;
(g) Hacking: Paradise Seeker may restrict access to the Site, or hold a User liable if they:
i Tamper with, hinder the operation of, or make unauthorised modifications to the Site; or
ii Knowingly transmit any virus or other disabling feature to the Site.
(a) Some sections and services of the Site are only accessible to registered Users. A user of the Site must register as a Member to take advantage of the Member Services; and
(b) Until registration as a Member is confirmed by Paradise Seeker, a User is not granted a license to access the additional features of the Site offered to registered Users.
D.3 By registering as a Member the User warrants to Paradise Seeker that they have the authority to do so.
D.4 The User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. The User agrees to provide Paradise Seeker with all necessary verifications it requires to provide the User with access to the Services.
E account access using third-party services
E.1 Registration & Login.
(a) A User may be able to register as a User, and access the Services by using their account with certain third party services (TPS) (e.g, Facebook, Twitter etc.);
(b) As part of the functionality of the Site a User may connect their profile with a TPS by:
i Providing TPS login information to Paradise Seeker through the Site; or
ii Allowing Paradise Seeker to access the User’s TPS in accordance with its terms & conditions of service; and
(c) When connecting to the Site using a TPS the User warrants that they are not in breach any of its terms & conditions of service.
E.2 Ongoing Availability.
(a) The User agrees that access to the Site may be unavailable if the TPS becomes unavailable, and that it may lose functionality or content that is shared between the TPS and the Site;
(b) A User may disconnect the connection between the Site and the TPS at any time.
(c) Paradise Seeker has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
E.3 Data from TPS.
Where a User connects and or registers their profile using a TPS, the User authorises Paradise Seeker to use data from that TPS to create their profile on the Site.
F.1 A Visitor or Member accepts and agrees that:
(a) It uses the Site at its own risk;
(b) To the extent permitted by law, Paradise Seeker accepts no liability for the accuracy of any information made available using the Site. Any reliance on the information available through the Site is at the User’s own risk;
(c) Each Review is the sole opinion of the Member that supplied it and Paradise Accepts no responsibility whatsoever in relation to any Review;
(d) It grants Paradise Seeker an exclusive licence over any Intellectual Property contained in a Review that the User creates using the Site. No other User may use a Review from the Site without Paradise Seeker’s express permission;
(e) It must not make a Review available via the Site for a holiday resort that it has not attended itself and will supply Paradise Seeker with appropriate proof of stay if requested;
(f) It must not make a Review available via the Site for a holiday resort that is the owner, employee or otherwise has a vested interest in;
(g) It warrants that all information about a holiday resort that it makes available via the Site is accurate and correct;
(h) Paradise Seeker makes no warranty or representation as to the quality, safety or fitness for purpose of any resort reviewed on the Site whatsoever, including in regard to any matter that is subject to change such as weather, exchange rates, change in management, or civil unrest etc.;
(i) It indemnifies Paradise Seeker for any claim that may arise in relation to each Review that it makes, including without limitation for libel, defamation, misleading and deceptive conduct or any other malicious conduct;
(j) It must not share or upload to the Site any content that may be considered explicit or inappropriate in Paradise Seeker’s opinion;
(k) Paradise Seeker may remove a Review, or suspend a User’s account if Paradise Seeker determines in its sole discretion that the User has posted a Review or other content that it is inappropriate, untrue or if the User has otherwise has breached the terms of this Agreement;
(l) Any consent or statement made by the User through the Site is valid and binding unless and until revoked by the User, and Paradise Seeker may rely on a consent or statement made through the Site without any need to further verify the veracity of that consent;
(m) All information input into the Site about a User is provided with that User’s consent;
(n) Paradise Seeker and its service providers may receive fees and/or commissions from third parties for goods and services that are advertised through the Site;
(o) Paradise Seeker takes no responsibility for any harm or loss suffered by a User as a result of using a resort reviewed on the Site. If a User suffers loss or harm as a result of using a resort, the User agrees that:
i The User shall have no recourse against Paradise Seeker; and
ii The relevant resort remains responsible for any such loss or harm under Australian Consumer Law, or any such other applicable law.
G.1 The Site and Services may contain links to third party websites. The inclusion of a link does not imply that Paradise Seeker endorses, has investigated or verified the linked websites. Paradise Seeker makes no warranty or representation concerning these links or the linked websites and the User acknowledges that:
(a) Paradise Seeker is not responsible for the functionality of linked websites;
(b) The security of linked websites;
(c) The reliability or accuracy of the information contained on linked websites;
G.3 The Site and Services may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements.
G.4 Paradise Seeker does not recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If a User chooses to purchases a product or service advertised by a third party on the Site, the User does so at its own risk.
G.5 All prices displayed, and products and services advertised on the Site can be changed without notice.
H.1 Either party may end this Agreement at any time by written notice in accordance with these Terms.
I.1 Governing Law. Victoria, Australia.
I.2 Reference City. Melbourne, Victoria.
1.1 The User wishes to access services provided by Paradise Seeker.
1.2 The terms and conditions in this Agreement govern the provision of the Services to the User by Paradise Seeker.
2.1 The following definitions apply in this document:
(a) ABN means Australian Business Number.
(b) ACN means Australian Company Number.
(c) Agreement means the agreement formed by these Terms & Conditions.
(e) Commencement Date means the date the User accepts these Terms & Conditions.
(f) Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:
i all technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;
ii all business and marketing plans and projections, details of agreements and arrangements with third parties, and User and supplier information and lists;
iii all financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;
iv all information concerning any employee, User, contractor, supplier or agent of the relevant party;
v the party's policies and procedures; and
vi all information contained in this document,
but excludes information that the other party can establish:
vii is known by or is in the other party's possession or control other than through a breach of this document and is not subject to any obligation of confidence; or
viii is in the public domain other than by a breach of this document or any obligations of confidence.
(g) Corporations Act means the Corporations Act 2001 (Cth).
(h) Fees & Charges means the fees and charges as set out in the Particulars.
(j) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(k) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;
(l) Particulars means this Agreement’s details and variables set out in the section of this Agreement entitled “Important Terms”.
(m) Privacy Act means the Privacy Act 1989 (Cth).
(o) Services means Paradise Seeker Services that are accessible via the Site.
(p) Special Conditions means any special conditions to this Agreement made pursuant to these Terms & Conditions.
(q) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(r) User means any person that uses the Services.
(s) User Content means data that is uploaded or input into the Site by the User or that forms part of the User’s Intellectual Property.
(f) A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(h) A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
3.1 The User agrees to abide by the terms of this Agreement in its:
(a) Use of the Site; and
(b) Access to the Services
3.2 Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the Services.
3.3 This Agreement may be updated by Paradise Seeker at its absolute discretion from time-to-time, and unless stated otherwise by Paradise Seeker in writing, such updates shall come into effect for use of the Services at the beginning of the next calendar month.
4.1 By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable license to access and use the Services for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
4.3 Paradise Seeker may revoke or suspend the User’s license(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User. Paradise Seeker will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
5.1 The User agrees that it shall only use the Services for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Paradise Seeker in its discretion.
7.1 By accepting the terms of this Agreement the User agrees that Paradise Seeker shall provide access to the Services to the best of its abilities, however it accepts no responsibility for ongoing access to the Services.
8 User Content
8.2 The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the users that create, access and/or use User Content.
8.3 Despite clause 8.1the Company shall be authorised to permanently delete User Content where the User is in breach of this Agreement.
8.4 The Company shall not access, use, modify or otherwise deal with User Content except where required by compulsion of law or upon the User’s authority (such as to provide support for the Site).
9.1 Security. Paradise Seeker takes the security of the Services and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of Paradise Seeker’s systems or the information on them.
9.2 Transmission. Paradise Seeker shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
10.1 Trademarks. Paradise Seeker has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Paradise Seeker.
10.2 Proprietary Information. The Services (and in particular the Site) may use and incorporate software and other proprietary systems and Intellectual Property for which Paradise Seeker has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Services.
10.3 Services. The User agrees and accepts that the Services are the Intellectual Property of Paradise Seeker and the User further warrants that by using the Services the User will not:
(a) copy the Services or the services that it provides for the User’s own commercial purposes; and
(b) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Services or any documentation associated with it.
10.4 Content. All content associated with Services remains the Intellectual Property of Paradise Seeker, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Services.
11.1 The User agrees that it uses the Site at its own risk.
11.2 The User acknowledges that Paradise Seeker is not responsible for the conduct or activities of any user and that Paradise Seeker is not liable for such under any circumstances.
11.3 The User agrees to indemnify Paradise Seeker for any loss, damage, cost or expense that Paradise Seeker may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Services, including any breach by the User of these Terms.
11.4 In no circumstances will Paradise Seeker be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Services or any content, or in any way relating to a resort experience itself (or the provision or non-provision of a resort experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Paradise Seeker knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
11.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Paradise Seeker and Paradise Seeker’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, Paradise Seeker’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at Paradise Seeker’s option to:
(a) the re-supply of services or payment of the cost of re-supply of services; or
(b) the replacement or repair of goods or payment of the cost of replacement or repair.
(a) Negotiation. If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
(b) Mediation. If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under Clause (a), the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
(c) Arbitration. If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing Agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
(d) Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause 11.1unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate.
13.1 The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
13.2 Each party to this Agreement agrees to the clauses in the Particulars and the Special Conditions. The Particulars, Special Conditions and the General Conditions form a single legal agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.
13.3 The User can direct notices, enquiries, complaints and so forth to Paradise Seeker as set out in this Agreement. Paradise Seeker will notify the User of a change of details from time-to-time.
13.4 Paradise Seeker will send the User notices and other correspondence to the details that the User submits to Paradise Seeker, or that the User notifies Paradise Seeker of from time-to-time. It is the User’s responsibility to update its contact details as they change.
13.6 Notices must be sent to the parties’ contact details as specified in item Aof the Particulars.
13.7 Paradise Seeker may assign its interest in this Agreement to a third party by providing the User with written notice of such assignment.
14.1 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
14.2 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
14.3 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
14.4 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
14.5 Governing Law. This Agreement is governed by the laws of the state set out in item Iof the Particulars. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
14.6 Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
END GENERAL CONDITIONS