My Travel Magz

WEBSITE TERMS OF USE

Please read these Terms of Use (Terms of Use) carefully before using the MyTravelMagz website www.mytravelmagz.com (Website) and related services (Website), as by using the Website you will be deemed to have agreed to them. The Website is owned and operated by Virid Pty Ltd ABN 36 105 071 485 trading as MyTravelMagz (“MyTravelMagz”, “we”, “our” or “us”).

Please also review the Privacy Policy, which is incorporated in these Terms of Use.

We may modify or revise these Terms of Use or the Privacy Policy at any time without notice and you agree to be bound by any such modifications or revisions. We recommend that you review these Terms of Use and the Privacy Policy from time to time to keep up to date with any changes made.

You agree that in using this Website, you either have legal capacity to enter into the agreement set out in these Terms of Use, or if you are under 18 years of age, that a parent has agreed to your use of this Website and accepts these Terms of Use on your behalf.

The Website provides the ability for users to create and order printed personalised magazines and posters using their own text, images and photographs, using existing templates provided on the Website.

In these Terms of Use, the following terms have the following meanings:
(a).    “User” means any user of the Website;
(b).    “Project” means any MyTravelMagz project;
(c).    “Member” means User with a valid Member account; and
(d).    “Material” means materials on the Website, including without limitation the text, software, code, scripts, graphics, logos, photos, templates, trademarks, service marks and logos contained therein (whether registered or otherwise);
(e).    “Services” means the services provided via the Website.

Interact with the Website

Users

1.    Any User of the Website can create a Project without creating a Member account, and will be permitted to access all parts of the Website.

Members

2.    Users, who choose to create a Member account will be able to use their Member account name and password to access their Member account and create a Project without having to re-supply their personal details, including name, address, postal address, telephone number and email address.

3.    Members must keep their Member account name and password confidential at all times and not allow any other person to use their Member account at any time. By becoming a Member, Users agree that their Member account is not transferable and accept all responsibility for any activities in connection with the use of their Member account.

4.    Users must provide complete and accurate information when creating a Member account, and we may seek verification of the information provided by you at any time, subject to the Privacy Policy.

5.    We may refuse membership, or suspend or terminate a Member account in our sole and absolute discretion, at any time and for any reason.

General

6.    If you breach these Terms of Use, you acknowledge that we may immediately terminate your order and/or Member account (if applicable), and take legal action (if we choose) against you. We also reserve the right to suspend an order and/or Member account if we consider that the Member has brought, or may bring, the reputation of the Website into disrepute.

Your Conduct

7.    You agree that you will not use the Website for any purpose that is unlawful and will comply with all relevant laws and regulations. In particular you agree that you will not:

a.    use the Website to spam, send junk email or chain letters or engage in unlawful marketing such as pyramid schemes;

b.    collect information about others without their consent;

c.    transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights;

d.    interfere with or disrupt the Website;

e.    attempt to gain unauthorised access to any Services or information;

f.    use any Material on the Website in any manner other than as expressly allowed by us;

g.    create Projects which  contain any false, inaccurate, misleading, defamatory, discriminatory, racist, threatening, violent, obscene, offensive, pornographic, indecent, fraudulent or unlawful material;

h.    attempt to bypass or otherwise circumvent the designated payment method provided via the Website; or

i.    misrepresent your identify or affiliation with any person or organisation.

Copyright and trade marks

8.    All Materials on the Website are owned by or licensed to us, and are subject to copyright and other intellectual property rights under the law.

9.    The template design tools provided on this Website employ a limited number of elements, including icons, fonts, colour schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual template design elements through your creation of a Project. Other MyTravelMagz customers may use the design tools to create Projects that have similar or identical combinations of these elements and we do not guarantee that your Project will not have similarities to Projects designed and used by other parties.

Projects

10.    You are solely responsible for your own content of a Project (Content), and the consequences of creating a Project. We do not endorse any Project, and we expressly disclaim any and all liability in connection with any Project to the maximum extent permitted by law.

11.    We do not permit copyright infringing activities or the infringement of any other intellectual property rights on the Website, and we reserve the right to reject any Project or Content if we become aware that such Project or Content infringes on another’s intellectual property rights, or if we consider the Content to be unsavoury or objectionable or for any other reason in our absolute discretion.

12.    You warrant and agree that:

a.    you will not submit any Content that is unlawful, fraudulent, inaccurate, false, misleading or deceptive, or that we may deem to be in breach of any intellectual property, trade secret, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, discriminatory, objectionable with respect to race, religion, origin or gender, or otherwise unsuitable for publication;

b.    you have all necessary permission, right and authority to place the order and you authorise MyTravelMagz to produce the uploaded Content on your behalf. You grant MyTravelMagz the right to copy, modify, create derivative works and process any uploaded Content for the sole purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit MyTravelMagz to copy, modify, create derivative works and process your uploaded Content for the purpose of fulfilling your order; and

c.    you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

13.    For clarity, you retain all of your ownership rights in your Content at all times unless otherwise agreed in writing. However, by submitting Content to the Website, you agree to grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and make available your Content in connection with the Website, including without limitation for providing the goods or services you request and promoting and redistributing part or all of the Website or its Services. However, we will ensure that any Content used by us will not contain any recognisable individual, and/or will only used on a very small scale (i.e. as small images to create a large collage).

14.    If you have any moral rights (or similar rights) in respect of your Content, you consent to us using your Content from time to time in accordance with these Terms of Use (even if that use is contrary to those rights), including making material alterations thereto and exploiting them with or without attribution. Immediately on such moral rights beginning to exist, you make the abovementioned consents in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of Content that you submit, you must ensure that they agree to the above before you submit the Content.

Our Liability

15.    Although every effort has been made to ensure the accuracy, currency and reliability of information, Users are responsible for making their own assessments of the information within the Website.

16.    We make no warranties or representations about the reliability, accuracy or completeness of the Website content and assume no liability or responsibility for any:

a.    spelling, punctuation or grammatical errors made by you, inferior quality or low-resolution of uploaded images, design errors introduced by you in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the Projects arising after delivery to you. Please preview your Projects carefully and correct any mistakes prior to placing your order. We do not proof Projects created by customers prior to processing;

b.    personal injury, property damage, or any indirect or financial loss whatsoever, resulting from your access to and use of the Website, including any Project;

c.    unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

d.    interruption or cessation of transmission to or from the Website; and/or

e.    products or services advertised or offered by a third party through the Website.

17.    We do not warrant that the Website, or the servers on which the Website is hosted, is free of software viruses or defects and we assume no responsibility for any technical malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, virus, bug, tampering, loss of or damage to data, theft or destruction or unauthorised access to or alteration of the Website or any injury or damage to any person’s computer suffered or incurred in connection with the Website.

18.    Our Service shall be delivered as described from time to time on the Website. Access to the Website is not guaranteed. We may modify, suspend or discontinue the Services available on the Website or delete, modify or supplement the contents of the Website at any time without notice. We do not promise that the Website will be error-free or uninterrupted. The Website content is delivered on an “as-is” and “as-available” basis. Receipt of emails or other communications and content from us cannot be guaranteed.  We reserve the right to update any information available on or in connection with the Website at any time.

19.    You acknowledge and agree that you are using the Website voluntarily and at your own risk. To the maximum extent permitted by law, MyTravelMagz, and its officers, directors, employees, and agents exclude all terms, conditions, warranties and representations (whether express or implied), and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect, special or consequential) suffered or incurred in connection with the Website and your use thereof. The Australian Consumer Law provides for statutory guarantees that cannot be excluded by law (Consumer Guarantees). The limitations above, and anywhere else in these Terms of Use, will not operate to the extent they are inconsistent with those Consumer Guarantees.

20.    To the maximum extent permitted by law, except for any liability that cannot by law be excluded, including the Consumer Guarantees, MyTravelMagz: (a) excludes or limits those Consumer Guarantees; and (b) limits its liability at the option of MyTravelMagz to the following: (i) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and (ii) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Indemnification

21.    You agree to indemnify and keep indemnified MyTravelMagz, its affiliated companies and their officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it), the Services, or the violation of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Orders and Payment

22.    The Website uses PayPal and Authorize.net to receive funds from Users.  You will need to contact either Paypal or Authorize.net (depending on the payment method selected) for any questions regarding financial information. It is the responsibility of the relevant User to ensure that their PayPal account is set up correctly and that accurate information is provided to PayPal or Authorize.net, as applicable. We cannot guarantee the performance or reliability of the PayPal or Authorize.net online payment services. Please refer to the PayPal user agreement and privacy policy www.paypal.com/au/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside and Authorize.net user agreement and privacy policy http://www.authorize.net/ for further details.

23.    Payments are charged immediately when payment is confirmed via PayPal or Authorize.net, as applicable. Payments will be received by the MyTravelMagz PayPal account or via Authorize.net.

24.    MyTravelMagz does not facilitate refunds of Projects (unless there is a legal obligation to do so or where otherwise permitted under these Terms of Use). If for any reason MyTravelMagz is required to refund money to a User, MyTravelMagz will contact the User to organise the refund.

25.    We recommend you seek your own independent financial advice in relation to payments you wish to make via the Services including tax deductibility.

26.    You agree that we will not be held liable for any loss you incur arising from the payment method unless caused by our fraud or the fraud of our employees. We cannot guarantee the performance or reliability of the PayPal or Authorize.net online payment services.

27.    Projects fees are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.

28.    Personal expenses and any other costs relating to a Project or use of the Website are excluded from the Project fees payable and are the responsibility of the Users.

29.    We will dispatch Project orders via the Website within 5 days of payment. All parcels will be sent with Australia Post. Delivery may take between 3 to 14 days depending on your delivery address. Enquires about your order can be directed to info@MyTravelMagz.com or by calling 07 5579 2279 Monday to Friday 8am to 4pm EST.

30.    If your order is faulty on arrival, please contact us on 07 5579 2279 or via email at info@MyTravelMagz.com for details on how to return the order for refund or replacement to our address at PO Box 3544, Helensvale Town Centre PS, QLD, 4212. Orders must be returned to us within 14 days of the date of arrival.

31.    Once we receive your order, we will assess the defect / damage and offer you a refund or replacement. This benefit is in addition to other rights and remedies that you have under law including under Schedule 2 of the Competition and Consumer Act 2010 (the Australian Consumer Law).  In order to claim the warranty, you must bear any associated expenses, including the cost of return postage.

32.    Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Links

33.    The Website may provide links or references to other sites originating from other companies, individuals or organisations. We are not responsible for the content or operation of any such sites linked to or from the Website. Any links provided are not an endorsement of the companies or products referred to on such linked sites. We shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites and if you click on a link to another site, you do so entirely at your own risk.

Severability

34.    If any provision of these Terms of Use is unlawful, void or for any reasons unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Applicable law

35.    These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Contact us for further information:

If you have any questions, comments, feedback, or want to report any breaches of these Terms of Use, we would love to hear from you, please:
(a) contact us by calling 07 5579 2279 Monday to Friday 8am to 4pm EST; or
(b) email us at: info@MyTravelMagz.com

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