Terms of Service.
By submitting the online order form, or by using traveljunkies service, Customer hereby agrees to traveljunkies Privacy and Accuracy Notices, and these Terms of Service.
Unless otherwise specified in these Terms of Service, Privacy and Accuracy Notices, “us”, “we”, “our”, and “ours” shall refer to traveljunkies and “you”, “your”, “they”, and “them” shall refer to the Customer of traveljunkies.
1. General Terms.
In consideration of the services to be delivered, Customer agrees to be bound by the following Terms of Service:
1.1. Customer agrees to pay the specified subscription in advance of their advertisement being accepted by traveljunkies and placed on the traveljunkies website.
1.2. Customer agrees that any refund is limited to the subscription paid providing a written or emailed notice is given within thirty days of the advertisement being ordered.
1.3. Customer agrees to pay the renewal subscription within thirty days of the renewal notice being given and accepts that in the event of no such payment being received by traveljunkies, the advertisement will be removed.
1.4. traveljunkies is not and shall not be responsible for any loss incurred by Customer due to removal of the advertisement because of the Customer’s failure to pay for traveljunkies services.
1.5. traveljunkies is not and shall not be responsible for any loss incurred by Customer due to the service not being available from the hosting provider.
1.6. Customer agrees to pay all GST and other taxes applicable to their account (GST is included, where applicable, in all costs quoted on traveljunkies website).
2. Agreement for Services.
2.1. traveljunkies will provide, and Customer will purchase and pay for the advertisement being listed on the traveljunkies website, according to the charges specified on the traveljunkies website. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement.
3.1. Any advertisement being listed on the traveljunkies website is contingent upon receipt of payment in full from Customer to traveljunkies.
4. Delinquent Accounts.
traveljunkies may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which traveljunkies may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by emailing traveljunkies using “Contact Us” on the traveljunkies website. Once a customer has cancelled their account, their advertisement will be removed from the traveljunkies website.
6. Refunds and Disputes.
All payments to traveljunkies are not refundable except for the subscription paid, contingent on written or emailed notice being received by traveljunkies from the customer within thirty days of the order being placed and payment received. Disputed charges to your credit card issuer, also known as chargebacks, which, in traveljunkies sole discretion, are invalid under the terms and conditions of this Agreement, will result in the advertisement being removed.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. traveljunkies reserves the right to refuse to accept an advertisement or to remove an advertisement of any Customer it deems, in its sole discretion, violates any condition of acceptable language or business ethics, including, but not limited to spam, pornography, and misuse of the service.
9. Customer agrees to defend, indemnify, and hold harmless traveljunkies, its parent company, divisions, agents, subsidiaries, successors, assigns, employees of traveljunkies against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. traveljunkies shall not be liable under any circumstances for any indirect, incidental, special or consequential damages, punitive or exemplary damages, or for any loss of profits, loss of revenue, loss of use, or loss of data resulting from the use of traveljunkies services by customer or any third parties, regardless of the form of action or theory of liability, or any loss of data resulting from delays or service interruptions.
11. traveljunkies provides the services as is, without warranty of any kind, whether express or implied. traveljunkies disclaims all warranties of non-infringement of any third-party rights, and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of the services and traveljunkies shall have no liability therefore.
12. To the maximum extent permitted by law, traveljunkies disclaims, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it, and the internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights.
13. traveljunkies does not assume any liability for the completeness, accuracy, or usefulness of any information disclosed or materials accessed through its services or the internet.
14.No Waiver of Rights by traveljunkies.
Any failure by traveljunkies to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of traveljunkies rights.
15.1. From traveljunkies to Customer.
traveljunkies will notify you by e-mail of any notices that traveljunkies is required to provide to you under this Agreement, at the most current e-mail address you have provided to traveljunkies.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that traveljunkies has your most current e-mail address, and traveljunkies shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that traveljunkies sends to the most current e-mail address you have provided to traveljunkies.
15.2. From Customer to traveljunkies.
Unless otherwise specified in this Agreement, notices to traveljunkies shall, in the first instance, be emailed using “Contact Us” on the traveljunkies website.
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers are as specified on the traveljunkies website.
18. Goods and Services Tax (GST).
In accordance with Federal Government Legislation, all subscriptions, fees, charges and costs quoted on the traveljunkies website are inclusive of GST or any other taxes. A Statement/Tax Invoice clearly showing the cost of services and any GST or other taxes paid is provided by email to Customer in each instance where payment has been made to traveljunkies by Customer.
19. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and traveljunkies, and supersedes any prior or previous agreements between you and traveljunkies with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which traveljunkies notifies you from time to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without traveljunkies prior and expressed written consent to such assignment.
21.2. traveljunkies may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by traveljunkies.
23. Choice of Law.
For all purposes, this Agreement is deemed to have been made within the State of Queensland, Australia and shall be governed by the laws of Australia and the laws of the State of Queensland.
24. Force Majeure.
traveljunkies shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortages of suitable parts, materials, labour or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of traveljunkies.
25. Severance of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action Customer may have with respect to traveljunkies performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.