Terms and Conditions
SERVICES AGREEMENT
This agreement is between Travel Ideology ABN 44192772597 (including its owners) and the customer referred to below (“you”). When you sign this Agreement, you agree to be bound by the following terms and conditions which you have read and understood.
In return for the payment of the fees specified by Travel Ideology, you are entitled to have Travel Ideology provide goods and/or services to you, (as you and Travel Ideology agree) on these terms and conditions.
YOUR ACCOUNT
To access and use some of the Services, you may need to register with us and set up an account with your email address password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy.
If you believe your Account has been compromised or misused, contact us immediately at Travel Ideology
USING TRAVEL IDEOLOGY WEBSITE
To use the Services, you must be over 18 years old. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things:
• violate any laws or our posting rules
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or send communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Travel Ideology, the Services or the interests or property of Travel Ideology users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to the Services.
ABUSING TRAVEL IDEOLOGY WEBSITE
Travel Ideology endeavours to keep our community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Travel Ideology and any consequences that may result from your posts. We can at our discretion refuse, delete or take-down content that we think is inappropriate or breaching the above terms. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also recognise and accept that Travel Ideology is not under any obligation to monitor any data or content which is submitted to or available on the Services.
GLOBAL MARKETPLACE
Some of the Service’s features may display your ad on other sites in the global community in other countries. By using the Services, you agree that your ads can be displayed on these other sites. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.
FEES AND SERVICES
Using the Services is generally free, but we sometimes charge a fee for certain features. If the feature you use incurs a fee, that will be clearly disclosed at the time you post your ad. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for promotional events or new features.
Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services.
CONTENT
Travel Ideology’s Services contain content from us, you, and other users. Travel Ideology is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy or, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools that are part of the global community in other countries. You also waive all moral rights you have in the content to the fullest extent permitted by law.
REPORTING INTELLECTUAL PROPERTY INFRINGEMENTS
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights please contact Travel Ideology.
RELEASE
If you have a dispute with one or more Travel Ideology users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
PERSONAL INFORMATION
By using the Services, you agree to the collection, transfer, storage and use of your personal information by Travel Ideology in accordance with our privacy policy.
GENERAL
These terms and the other policies posted on the Services set out the entire agreement between Travel Ideology and you, overriding any prior agreements. This agreement is governed by the laws of NSW, Australia.
APPLICATION USE
Travel Ideology grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.travelideology.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.
INTELLECTUAL PROPERTY APPLICATIONS
Travel Ideology owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Travel Ideology’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Travel Ideology Application.
LIABILITY
Travel Ideology will not be under any liability (including liability for negligence) for any loss or damage (including consequential loss or damage) however caused, which may arise directly or indirectly from the supply of products or services or failure to supply services to you, including loss or damage to any Materials provided by you to Travel Ideology. Travel Ideology does not give any warranties in relation to it’s products or services, except those expressly stated in these terms and conditions. However, these terms and conditions do not limit your rights under the Trade Practices Act 1974 (Commonwealth) and similar state or territory legislation (“the Acts”). Where Travel Ideology breaches a condition or warranty implied by the Acts. Travel Ideology’s liability for such breach will be limited, re-supply of products or services.
INDEMNITY
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
PAYMENT
Payment is either by COD, Paypal or bank transfer facility. If paying by credit card then the credit card authority must be completed at time of order. All orders must be paid prior to release of goods or vouchers for services.
TRAVEL IDEOLOGY POSTING RULES
As a condition of use of Travel Ideology you agree that you are at least 18 years of age.
At Travel Ideology we want to make sure that the site is as clean, friendly and usable as possible for everyone. Ads that fall outside the posting rules stated in our terms of conditions may be removed from the site.
You are solely responsible for all information that you submit to Travel Ideology and any consequences that may result from your post.
We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching our terms of use.
We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.
General reasons for ads being deleted are:
Travel Ideology reserves the right to remove any ad that we feel is not relevant, or of value to the Travel Ideology community, with or without notice to the ad poster.
There are several ways that your ad may be found to be in breach of policy and removed from the site including:
In most cases we email you to let you know when we have had to remove your ad. These emails sometimes get directed to junk folders so please look out for Travel Ideology emails. You may wish to add Travel Ideology to your safe senders list if you have one.
If you have checked out all of these possibilities and none of them apply to your ad then please let us know by clicking on “Contact Travel Ideology” located bottom of help pages and we’ll be happy to help you out.
TERMS AND CONDITIONS – AFFILIATE PROGRAM
Travel Ideology reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://www.travelideology.com/terms-and-conditions/
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Travel Ideology. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Travel Ideology. You must ensure that each of the links between your site and the Travel Ideology properly utilises such special link formats. Links to the Travel Ideology placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Travel Ideology product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.travelideology.com and complete an order for a product during that session. The session ends once someone closes their web browser, navigates away from the https://www.travelideology.com, or otherwise leaves https://www.travelideology.com without ordering a product before leaving the site. If they leave the site, come back later on their own, and then purchase a product, you will not earn a commission.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $[payout minimum] in affiliate income. If your affiliate account never crosses the $A25 threshold, your commissions will not be realised or paid. We are only responsible for paying accounts that have crossed the $A25 threshold.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Travel Ideology or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $A25, you’ll be paid each month. If you haven’t earned $A25 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the Spam Act of 2003 and all other anti-spam laws.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.travelideology.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Travel Ideology reserves the right to end the Program at any time. Upon program termination, Travel Ideology will pay any outstanding earnings accrued above $A25.
Travel Ideology, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Travel Ideology service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Travel Ideology reserves the right to refuse service to anyone for any reason at any time.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Travel Ideology will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Travel Ideology to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Travel Ideology and govern your use of the Service, superceding any prior agreements between you and Travel Ideology (including, but not limited to, any prior versions of the Terms of Service).