Last Updated: August 15, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you and Down Under Discoveries ("we," "our," or "us") regarding your use of our website, mobile application, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.
Down Under Discoveries provides information about travel destinations, experiences, and services in Australia. We may also offer the ability to book travel arrangements directly through our website or through third-party providers.
While we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or reliability of any information on our website. You acknowledge that any reliance on such information is at your own risk.
Our Services may integrate with or provide links to third-party websites, applications, or services. We are not responsible for the content, policies, or practices of these third parties. Your interactions with third-party services are solely between you and the third party.
Some features of our Services may require you to create an account. When you register, you agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or engage in any activity that we determine, in our sole discretion, to be harmful to our Services or other users.
If you make bookings or reservations through our Services, the following terms apply:
A booking is not confirmed until you receive a confirmation notice from us or the relevant service provider. Confirmations are subject to the availability of the requested services.
Payment terms vary depending on the service booked. Full details of payment requirements will be provided during the booking process. All prices are in Australian Dollars unless otherwise specified.
Cancellation and change policies vary by service provider. These policies will be communicated to you before you complete your booking. In general, cancellations or changes requested closer to the date of travel are subject to higher fees.
We strongly recommend that you purchase comprehensive travel insurance for all travel arrangements. Travel insurance is not included in the prices we quote unless specifically stated.
When using our Services, you agree not to:
The content, organization, graphics, design, compilation, and other matters related to the Services are protected by copyright, trademark, and other intellectual property rights. You may not copy, reproduce, republish, download, upload, post, transmit, or distribute such material in any way without our prior written consent.
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. This license does not include the right to:
If you submit content to our Services (such as reviews, comments, or photos), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with our Services.
You represent and warrant that you own or have the necessary rights to the content you submit and that it does not violate any third party's rights or any applicable laws.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOWN UNDER DISCOVERIES, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN ANY CASE, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO US FOR SERVICES, IF ANY, IN THE PAST SIX MONTHS.
You agree to defend, indemnify, and hold harmless Down Under Discoveries, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Sydney, New South Wales for the resolution of any disputes.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services.
If you have any questions about these Terms, please contact us:
