By using this website, you agree to indemnify Tourism Cloud Staff and its officers, employees, agents, partners, suppliers and affiliates from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses whether directly or indirectly arise out of the use of the website by you.
2. RESPONSIBILITIES OF THE USERS / VISITORS
The Users may use the content of the website for personal use only. The users must not use the content of the website for commercial purpose without a written consent of TCS. The Users must not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any Content on our Website without the prior written consent or permission of TCS.
The Users must use our Website in a responsible manner and must not perform any activities or actions that breach any laws/regulations or infringe any third parties rights. The users must not use the Content in a manner that indicates, implies or suggests an association with TCS, our Website, and/or our Services.
The user must not use the Website which perform unauthorised access to our operating systems, or any activities or actions such as hacking and tampering the Website and its Content.
TCS do our best to ensure the Website is free from virus, computer program or any security threats that may impair the performance of the Website, computer software, hardware and/or telecommunication devices. However, TCS cannot guarantee the Website if free from any Virus. TCS is not responsible or liable for any damage or loss of your data and/or computer system for using our Website.
3. INTELLECTUAL PROPERTY AND COPYRIGHT POLICY
TCS content and layout are our intellectual properties. Therefore, information and contents available throughout our website, is not to be copied, reproduced, republished, downloaded, posted, modified, adapted, distributed, transmitted, communicated to the public or otherwise use any Content on our Website without the prior written consent or permission of TCS.
Any commercial use of structure, information, and media available on TCS Websites, are prohibited without the written permission from us. The offender is responsible for all damages resulting from violating this provision.
Any Users of Our Services acknowledges that he/she shall comply with applicable laws & legislation, these General Terms and Conditions, and do everything in good faith. The Users cannot violate any proprietary or rights of third parties, and immediately inform us of any offence committed or discovered. Users are banned from interfering in our system operation, including but not limited to, initiating malicious cyberattacks, unauthorised access, collecting personal information illegally. Any User cannot abuse their access, violating our Terms & Conditions and causing harm in any form to other users while using any of Our Services.
Failure to abide by ethical usage and our Terms & Conditions constitute your abuse of Our Services. TCS reserves the right to cease or suspend immediately and without prior notice user access to Our Services. The Users of Our Services are responsible for all damages that occurred as a result of violating our Terms & Conditions.
We do not owe compensation to any person whose username and/or password has been compromised or given to others with consent and used to access our Services. In this case, TCS (including without limitation websites and systems, our affiliates, and our personnel) will not be held liable for any damage done or any account penalty.
If you believe that our Website (and contents) has infringed any of your intellectual property rights, please notify us immediately via the contact information at the end of this Term of Use Statement.
4. THIRD-PARTY CONTENT, SERVICES & INTEGRATION
Our Services may have some components linked to or utilising third-party services to work seamlessly, such as payment service and social media analytics. The usage of such services is subject to the Terms & Conditions of these providers. We do not own or control these third parties, and when you interact with them through their services, you are providing your information to them.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that TCS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive any claims or remedies you have or may have against TCS in relation to such Content, and, to the extent permitted by law, you agree to indemnify and hold harmless TCS and its officers, employees and agents from all actions, claims, suits, demands, damages, liabilities, costs or expenses regarding all matters related to your use of the Website.
TCS is not responsible for:
- The supply and delivery of content from any third-party users on the website
- The accuracy of this information of any third parties.
- The suitability or quality of the products and Websites of any third parties.
- The representations, statements, offers, advise/opinions, information and/or Content provided, expressed or made available by third parties on the Website.
- The links and pointers to third-party’s website. These linked sites, if provided, are solely for your convenience and do not indicate, direct or indirect, any endorsement by us of the third-party sites and their contents. TCS does not control these third-party linked sites and is not responsible for the contents of these linked sites.
- The content and information you uploaded on this website. By using this website, you agree that it is your sole responsibility and is entirely at your own risk risk to provide such information and TCS does not assume any responsibility or liability for the actions.
TCS collects User data to process travel arrangements, facilitate your participation in loyalty programs and conduct marketing activities and market research. If the information is not provided, we may not be able to make travel arrangements for you. We may disclose your personal information to our related companies, carriers, travel service providers, organisations which provide services to you.
TCS also collects system usage from any person, parties accessing and using Our Services for continuous improvements of Our Services, maintaining top service quality and enhancing user experience.
6. LIMITATION OF LIABILITIES
While we do our best in providing reliable data, we cannot guarantee the information available on TCS website is complete, accurate, and always fully updated. To the extent permitted by law, we do not accept any liability, and you and your client agree to relieve us from any liability in contract, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly by the use of such information on our website. TCS is not liable for failing to provide full and accurate information from the User to the end-user in connection with the reservations made and the purchased Services, as well as for the damages resulting from data improperly submitted or entered by the User.
To the extent permitted by law, we do not accept any liability in contract, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party Supplier over which we have no direct control. We do not accept any liability for any loss (including consequential loss or any associated costs) caused in case a third party Supplier becomes insolvent and goes out of business.
Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
TCS has the right to change prices, Services details and information on our website at any time, without prior notice.
You agree and acknowledge that TCS does not warrant that use of its website will be uninterrupted or error-free. Users understand and acknowledge that there may be downtime, network congestion, outages, scheduled maintenance, or such other events beyond the reasonable control of TCS. You agree to not hold TCS liable for any loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly using TCS website.
TCS reserves the right to make modifications to the website contents without prior notice. We strive to provide the information on the website as timely and accurately as possible. TCS makes no promises or guarantees about the integrity and detail level of this site’s content. We will not be held liable for errors and omissions in the contents of this site and any other damages resulted from the use of this website.
Under no circumstance should TCS, its employees, suppliers and service providers assume liability for any direct or indirect damages resulting from the use of, or inability to use, Tourism Cloud Staff, by our partners, users or cyber threat actors.
The Disclaimers in our Terms & Conditions apply to the maximum extent permitted by law.
To the maximum extent permitted by applicable law and of reasonable efforts, you agree to fully indemnify, hold harmless and defend TCS (including TCS website & system, our affiliates, and our personnel) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable legal and accounting fees), whether or not involving a third party claim, which stem from or associate with:
- Your breach of our Terms & Conditions
- Your misuse of TCS Websites
- Your agent’s misconduct in interaction with the clients
- Your failure, or our failure at your direction, to accurately report, collect or withhold taxes
- Your breach of any laws, regulations, or third-party rights
9. TERMS & TERMINATION OF SERVICES
We may also terminate your access to our services immediately and without prior notice if it is reasonably necessary to do so to protect TCS (including without limitation our websites and systems, our affiliates, and our personnel).
If we disable, suspend, or terminate your account for any reason, without our written permission you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, we reserve the right to take appropriate legal action if necessary.
10. CONTACT INFORMATION
+61 8 7082 5200
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