GENERAL CONDITIONS

1. INTERPRETATION
   • Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
     • The singular includes the plural and the opposite also applies.
     • If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
     • A reference to a clause refers to clauses in this Agreement.
     • A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
     • Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
     • A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
     • A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
     • A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
     • A reference to dollars or $ is to an amount in Australian currency.
       
       
   • The following definitions apply in this document:
     • ABN means Australian Business Number.
     • App means the product described in the Solution in the Particulars.
     • Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City of the Legal Location.
     • Fees & Charges means the fees and charges as set out in the Particulars.
     • General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.
     • Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
     • Particulars means this Agreement’s details and variables set out in the section of this Agreement entitled “Particulars”.
     • Privacy Policy means Tieow Travels Privacy Policy.
     • Services means the Services described in the Solution in the Particulars.
     • Special Conditions means the terms and conditions set out in the section of this Agreement entitled “Special Conditions”.
     • User Content means content that is entered into or created within the App by the User.
       
       
2. PAYMENTS

   • The terms of payment will be set by Tieow Travel.

   • Refunds are not accepted except if required by law.
     
     
3. SOLUTION
   • THE APP IS ONLY ACCESSIBLE TO THE USER FOR THE TERM SET OUT IN THE PARTICULARS.

   • Tieow Travel reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the App.

   • THE USER AGREES AND ACCEPTS THAT the functional elements of the App may be:
     • managed and supported exclusively by Tieow Travel from Tieow Travel servers and that no ‘back-end’ access to the App is available to the User unless expressly agreed in writing.
     • hosted by Tieow Travel and shall only be installed, accessed and maintained by Tieow Travel, accessed using the internet or other connection to Tieow Travel servers and is not available ‘locally’ from the User’s systems.
4. AGREEMENT

   • By using the App, the User acknowledges and agrees to:

     • These Terms of Service; and
     • The Privacy Policy.
5. FEES & CHARGES
   • The User agrees to pay all Fees & Charges as and when they fall due and to the extent permissible by law.
   • Fees & Charges are non-cancellable and/or non-refundable once ordered or paid for the billing period.
   • The User agrees to pay the Fees & Charges.
   • Tieow Travel may introduce new services and/or Fees & Charges by giving the User written notice of their availability and applicability.
   • Tieow Travel shall notify the User of any changes to existing Fees & Charges. Tieow Travel reserves the right to change the Fees & Charges at any time at its absolute discretion.
   • If the User does not accept a change to Fees & Charges, the User must notify Tieow Travel.
   • Tieow Travel may revoke or suspend the User’s license to access the App for unpaid Fees & Charges without liability.
6. LICENSE

   • By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable license to access the App for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.

   • Tieow Travel may issue the license to the User on the further terms or limitations set out in item the Particulars as it sees fit.

   • Tieow Travel may revoke or suspend the User’s license(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User or any of it’s users. Tieow Travel will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
     
     

7. AUTHORISED USERS

   • The User shall authorise users to access the App in its absolute discretion. Tieow Travel accepts no liability for access to User Content by users authorised by the User or using login details of users authorised by the User.

   • The User is solely responsible for the security of its username and password for access to the App.

   • The User is responsible for ensuring that users they authorise to use the App comply with this Agreement in full and are liable for any breach of them.
     
     

8. USER CONTENT

   • Tieow Travel accepts no liability for the content of User Content.

   • The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the users that create, access and/or use User Content.

   • User content will be moderated by Tieow Travel’s administrators. There is no tolerance by Tieow Travel to offensive and/or objectionable content within any section of the application. Any offensive or objectionable content, which will be deemed so at the absolute discretion of Tieow Travel’s administrators and/or reported by fellow users, will be removed from the application.

   • Tieow Travel moderators will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content

   • Tieow Travel shall be authorised to permanently delete User Content where:

     • A user has created objectionable or inappropriate content
     • A user has acted inappropriately or threateningly to another user
     • The User deletes the App or no longer wishes to use it; or
     • This Agreement is terminated.
9. USE
   • The User agrees that it shall only use the App for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Tieow Travel in its discretion.
   • The user agrees that by joining Tieow Travel you are agreeing, in full, to the terms and conditions stated within this policy
   • The User agrees that it shall only use the App for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Tieow Travel in its discretion.
   • The user agrees that there is no tolerance by Tieow Travel to objectionable content within any section of the application. Any offensive or objectionable content, which will be deemed so at the absolute discretion of Tieow Travel administrators or reported by fellow users, will be removed from the application within 24 hours.
   • Users profiles responsible for the publication of offensive or objectionable content will be removed from the application at the full discretion of Tieow Travel administration.
10. DATA

    • Security. Tieow Travel takes the security of the App and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of Tieow Travel’s systems or the information on them.

    • Transmission. Tieow Travel shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.
      
      

11. ACCESS

    • By accepting the terms of this agreement the User agrees that Tieow Travel shall provide access to the Service to the best of its abilities, however it accepts no responsibility for ongoing access to the App.
      
      

12. APP

    • Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the App.

    • This Agreement applies to use of and access to the App.

    • The User agrees to comply with the terms and conditions of:

      • Apple if the Member accessed the App from the AppStore; or
      • Any other provider that provides access to native or web-based mobile applications from which the User accessed the App.

    • The terms & conditions of this Agreement may be updated by Tieow Travel in its absolute discretion from time-to-time, and unless stated otherwise by Tieow Travel in writing, such updates shall come into effect for use of the App at the time the User is sent notice of the update(s).

13. INTELLECTUAL PROPERTY

    • Trademarks

      • Apple® AppStore®, Google®, GooglePlay® and other trademarks are the Intellectual Property of their respective owners.
      • Tieow Travel has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Tieow Travel.

    • Proprietary Information. The App may use software and other proprietary systems and Intellectual Property for which Tieow Travel has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights using the App.

    • Content. All content remains the Intellectual Property of Tieow Travel, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the App.

    • App. The User agrees and accepts that the App is the Intellectual Property of Tieow Travel and the User further warrants that by using the App the User will not:

      • Copy the App or the Services that it provides for the User’s own commercial purposes; and
      • Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the application, or any documentation associated with it.
14. DISPUTES
    • For any dispute between Tieow Travel and the User, the following process shall apply:
      • Negotiation. If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
      • Mediation. If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under Clause 18.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
      • Arbitration. If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
      • Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause A.14 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages would otherwise be inadequate to compensate.
15. DISCLAIMER

    • To the full extent allowed by law, Tieow Travel provides the App “as is” and without any warranty or condition, express or implied.

    • Tieow Travel does not warrant that the information contained in or accessible through the App is accurate, suitable for your purposes or without errors, omissions or viruses. Nor does Tieow Travel guarantee continuous, uninterrupted or secure access to the App.

    • Tieow Travel does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the App.

    • Subject to the Competition and Consumer Act 2010, Tieow Travel makes no representations or warranties in respect of the information and materials available on the App or the means of accessing that information and material (including the software operating in connection with the App).

    • The User acknowledges and agrees that factors outside of Tieow Travel control may interfere with the User’s use of the App (including the software operating in connection with the App).

    • Tieow Travel does not warrant, represent or take any responsibility for third party websites or apps which are or may become linked or connected to or from the App. Any links to third party websites or apps are provided for convenience only and may not remain current or be maintained. The User agrees and acknowledges that Tieow Travel does not endorse, adopt, approve or recommend, and are not responsible or liable for, any content, advertising, products, or other materials on or available from a third-party website, app or information. Negligence, in equity or any other legal theory, and whether Tieow Travel knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

    • This clause 16 applies in relation to any third party listed via the App and any goods or services provided by a third party via the App.

16. ASSIGNMENT

    • The User may only assign or otherwise create an interest in its rights under this Agreement with the written consent of Tieow Travel.

    • Tieow Travel may assign or otherwise create and interest in its rights under this Agreement by giving the User written notice.

17. OUR NOTICES

    • The User can direct notices, enquiries, complaints and so forth to Tieow Travel as set out in this Agreement. Tieow Travel will notify the User of a change of details from time-to-time.

    • Tieow Travel will send the User notices and other correspondence to the details that the User submits to Tieow Travel, or that the User notifies Tieow Travel of from time-to-time. It is the User’s responsibility to update its contact details as they change.

    • A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

18. TERMINATION

    • Expiry or termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.

19. LIABILITY & INDEMNITY

    • The User agrees that it uses the App at its own risk.

      B.19 The User acknowledges that Tieow Travel is not responsible for the conduct or activities of any user and that Tieow Travel is not liable for such under any circumstances.

    • The User agrees to indemnify Tieow Travel for any loss, damage, cost or expense that Tieow Travel may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the App, including any breach by the User of these Terms.

    • In no circumstances will Tieow Travel be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the App or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort,

20. GENERAL

    • Formation. This Agreement is formed when the User acknowledges their consent to this Agreement, whether done electronically or physically.

    • Governing Law. This Agreement is governed by the laws of the state set out in the Particulars. Each of the parties hereby submits to the non- exclusive jurisdiction of courts with jurisdiction there.

    • Prevalence. Each party to this Agreement agrees to the clauses in the Particulars, the Special Conditions (if any) and the General Conditions. The Particulars, Special Conditions and the General Conditions form a single legal agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.

    • Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.

    • Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.

    • Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.

    • Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

    • Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

    • Inconsistency. If this Agreement is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.

    • Time. Time is of the essence in this Agreement.

    • Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

    • Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.