My Travel Magz
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.
(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
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.
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.
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.
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.
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).
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.
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.
Orders and Payment
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.
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.
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.
Contact us for further information:
(a) contact us by calling 07 5579 2279 Monday to Friday 8am to 4pm EST; or
(b) email us at: info@MyTravelMagz.com