Welcome to Aussie Wanderlust! These Terms of Service ("Terms") govern your use of the Aussie Wanderlust website located at nezhnaya-manka.com (the "Site") and all related services provided by Aussie Wanderlust ("we," "us," or "our"). By accessing or using our Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our Site or services.
By accessing or using our Site, you confirm that you accept these Terms and agree to comply with them. If you are using our Site on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to bind the entity to these Terms and that you agree to these Terms on the entity's behalf.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for personal, non-commercial purposes. Your access to and use of the Site may be interrupted from time to time for various reasons, including, without limitation, equipment malfunction, periodic updates, maintenance, or repair of the Site, or other actions that we may take in our sole discretion.
Some features of our Site may require you to register for an account or provide certain information. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for any activities or actions under your account. We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if we believe that you have violated these Terms.
The Site and its original content, features, and functionality are owned by Aussie Wanderlust and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the content on our Site in whole or in part except as expressly authorized by us. If you wish to make any use of content on our Site other than that set out in this section, please contact us at [email protected].
By posting, uploading, or otherwise making available any content to our Site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through our Site.
You represent and warrant that: (i) the content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through our Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
You agree not to engage in any of the following prohibited activities:
Our Site may contain links to third-party websites or services that are not owned or controlled by Aussie Wanderlust. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Aussie Wanderlust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Any bookings or reservations made through our Site for tours, accommodations, or other travel services are subject to additional terms and conditions that will be provided at the time of booking. These may include terms related to payment, cancellation policies, refunds, and travel insurance.
You acknowledge that Aussie Wanderlust acts as an intermediary between you and the actual service providers (tour operators, hotels, etc.). While we strive to provide accurate information about these services, we cannot guarantee their quality, safety, or legality.
The Site is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Aussie Wanderlust expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
To the maximum extent permitted by applicable law, in no event shall Aussie Wanderlust, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Site or any content or services provided on the Site.
If Aussie Wanderlust is found to be liable, our liability to you or any third party is limited to the greater of (a) the total amount paid by you to us during the six months prior to the event giving rise to the liability, or (b) AUD $100.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Aussie Wanderlust and you.
You agree to defend, indemnify, and hold harmless Aussie Wanderlust, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Sydney, New South Wales, using the English language in accordance with the Arbitration Rules and Procedures of the Australian Centre for International Commercial Arbitration then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aussie Wanderlust's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and Aussie Wanderlust regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: +61 2 1234 5678
Mail: 123 George Street, Sydney, NSW 2000, Australia
Effective Date: January 1, 2023