Terms and Conditions
The terms and conditions set out below apply to your use of www.tropout.com and variations thereof (‘TropOut Website’).
Out Travel Group grants you a licence to access and use the TropOut Website, provided that:
(a) your use is for personal, non-commercial purposes;
(b) you do not copy, publish or distribute any part of the TropOut Website;
(c) you do not alter or modify the TropOut Website in any manner other than as reasonably required for your use of the TropOut Website; and
(d) you otherwise comply with these Terms and Conditions.
3. INTELLECTUAL PROPERTY
3.1. All content on the TropOut Website is owned by or licenced to Out Travel Group.
3.2 You agree that you will not copy, reproduce, alter, distribute, publish or use in any manner any content on the TropOut Website other than as permitted under these Terms and Conditions or in the ordinary course of your use of the TropOut Website without the express written consent of Out Travel Group, such consent to be withheld by Out Travel Group in its absolute discretion.
4. INDEMNITY FROM YOU TO OUT TRAVEL GROUP
You agree to indemnify Out Travel Group, its officers, employees and agents from and against all claims, damages, obligations, liabilities, debts, costs and expenses (including legal fees on a full indemnity basis) arising from:
(a) your use of the TropOut Website;
(b) your violation of any third party right, including any copyright, property, or privacy right; or
(c) your breach of these Terms and Conditions.
The indemnities referred to in this clause 4 shall survive the termination of these Terms and Conditions and your use of the TropOut Website.
5. NO WARRANTY
5.1 You agree that your use of the TropOut Website is solely at your risk. To the fullest extent permitted by law, Out Travel Group, its officers, employees and agents disclaim all warranties whether express or implied in connection with Website and your use of it.
5.2 Out Travel Group does not warrant or represent that the content on the TropOut Website or on any other website linked to the TropOut Website is accurate or complete.
5.3 Out Travel Group does not warrant as to the fitness and appropriateness of any the products or services advertised by third parties on the Website and you agree that Out Travel Group shall in no way be responsible for your dealings with third parties who so advertise.
6. LIMITATION OF OUT TRAVEL GROUP’S LIABILITY
To the fullest extent permitted by law, and in respect of the TropOut Website, in no way shall Out Travel Group, its officers, employees or agents be liable for any remedy at law or at equity resulting from:
(a) any errors of content;
(b) any personal injury or property damage resulting from your use or reliance on the content on the TropOut Website;
(c) any viruses, Trojan horses or the like which is transmitted through the TropOut Website by a third party;
(d) any unauthorized access of secure servers which results in access to personal, sensitive and/or financial information stored therein.
Out Travel Group may in its absolute discretion terminate your licence to access the TropOut Website by taking any reasonable measure to prohibit your access of the TropOut Website.
Out Travel Group may vary these Terms and Conditions at any time without notice. By continuing to use and visit the TropOut Website you agree to be governed by these Terms and Conditions as the case may be from time to time. It is your responsibility to check whether these Terms and Conditions have been varied.
9. NO WAIVER
Any failure by Out Travel Group to enforce any right or obligation under these Terms and Conditions shall not constitute a waiver of that right or obligation and Out Travel Group may at any time seek to enforce that right or obligation.
If any provision under these Terms and Conditions is deemed to be invalid, then that provision shall be severed from these Terms and Conditions and the other provisions of these Terms and Conditions shall continue to have effect to the fullest extent permitted by law.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of Victoria, Australia and you submit to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and Conditions and the courts entitled to hear appeals from those courts.
12. ENTRY INTO TERMS AND CONDITIONS
By using the TropOut Website, you acknowledge and agree that you have the capacity to enter into and be governed by these Terms and Conditions.