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Travellerspoint Terms and Conditions

1. ACCEPTANCE OF TERMS

Your use of this Website, located at https://www.travellerspoint.com, is subject to your irrevocable acceptance without modification of these Terms and Conditions of use (the "Terms") and you agree to use this Website in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and Fly By Noon Pty Ltd. AS trading as Travellerspoint ("Travellerspoint"). By accessing any part of this Website, you consent to be bound by these Terms and re-affirm that agreement every time you use this Website. If you do not read or accept any part of these Terms, do not use this Website. Violating these Terms may lead to your membership being terminated and exclusion from this Website in the future. These Terms are applicable to all pages and areas of the site, publicly visible or otherwise.

2. PRIVACY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://www.travellerspoint.com (the “Site”).

Information We Collect

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies:

If you choose to create an account on Travellerspoint, you may choose to provide us with further information about yourself. This includes details of travels past and present; photos that you upload, including the metadata that accompanies those photos; profile information including details about yourself; whatever content you choose to enter on your blog or in the forums.

We will not use or share your information with anyone except as described in this Privacy Policy.

Payment Processing

To process payments for subscriptions and other purchases made on Travellerspoint, we use Stripe, a third party payment processor.

Your payment will be processed by Stripe, who collect, use and process your information, including payment information, in accordance with their privacy policies.

You can access their privacy policy via the following link: https://stripe.com/gb/privacy

Sharing Your Information

We share your Information with third parties to help us use your Information, as described above.

We use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

On various pages of the site we use a Booking.com widget to provide the ability to search for available accommodation. The widget is loaded from Booking.com servers and consequently will transfer information such as your IP address to their servers. You can view their Privacy Policy here https://www.booking.com/content/privacy.en-gb.html

Finally, we may also share your Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

You can opt out of targeted advertising by:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do Not Track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Your Rights

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through our contact form at https://www.travellerspoint.com/contact/ .

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States.

Data Retention

When you enter information on Travellerspoint, we will retain this information until you decide to remove it.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

3. REGISTRATION & RESPONSIBILITIES

3.1 When you register for this Website, you agree to submit only honest, true, accurate, complete and current information about yourself, including your correct name, (email) address or any other details that are requested of you by Travellerspoint.

3.2 Travellerspoint reserves the right to reject any registration and if any of the information you have submitted proves inaccurate, can do so without any further notice.

3.3 Users of this Website will maintain their own password protected area of the site and are responsible for any acts that happen and/or information that is posted there and agree that this will comply with these Terms. Users of this Website agree to keep their login password confidential.

3.4 Users of this Website agree that they will not delete or change in any way any information already posted on this Website by any other person than themselves. Without limiting the foregoing, Travellerspoint may appoint selected members as Moderators and assign to them the right to modify, edit or delete information posted on Travellerspoint which is not in compliance with these Terms.

4. CAUTION WHEN INTERACTING WITH OTHER MEMBERS

Users of Travellerspoint should use caution when interacting with other members through all areas of the site. Users of Travellerspoint understand that any information, tips or advice offered by any other users or members through the site are not the view of Travellerspoint. The information provided is not necessarily correct and represents only one persons view.

Users and members should use extreme caution when contacted by other users or members to meet in person or travel together. There is no guarantee that any of the information they provide is accurate or true. Travellerspoint strongly discourages users and/or members to meet up with other users and/or members alone or to meet in places and/or areas other than public ones with other friends, travellers and people nearby.

IF YOU DECIDE TO MEET WITH OTHER MEMBERS OR USERS OF Travellerspoint YOU DO SO AT YOUR OWN RISK.

5. USER CONDUCT

You agree that you will not use this Website to:

You further agree that you will not use any robot, spider, or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to copy any of the Web pages, data or content from this Website. In the case you are unsure if this applies to you, please obtain written permission from Travellerspoint prior to publishing such content elsewhere.

6. MISUSE AND TERMINATION

6.1 Travellerspoint reserves the right to remove any member account, including but not limited to all trips, travel maps, forum posts, blog and diary postings, and any other member related information for any of the offenses listed under term 5 or for any other reason at Travellerspoint's sole discretion.

6.2 Each member acknowledges that Travellerspoint is entitled to withdraw any information if Travellerspoint feels that it is meant to bring Travellerspoint in disrepute.

6.3 In the case you violate these Terms, Travellerspoint has the right to terminate your account and refuse you access and membership to this Website without any further notice. In the case of a serious violation, Travellerspoint may also file suit against you for business interference or any other appropriate legal theories. In these cases Travellerspoint will seek compensation from you for lost revenue and any potential damage to Travellerspoint's reputation caused by your actions.

6.4 If you are aware of any possible misuse of this Website or any other actions or content which might be in breach of these Terms, please contact us.

7. INDEMNITY

You agree to indemnify, defend and hold harmless Travellerspoint, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Member Content provided by you or from your violation of any applicable law.

8. DISCLAIMER OF WARRANTIES

Your use of Travellerspoint is at your sole risk. All Travellerspoint services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full.

9. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER Travellerspoint NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THIS WEBSITE, (B) YOUR RELIANCE ON WEBSITE CONTENT, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THIS WEBSITE, EVEN IF Travellerspoint OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Travellerspoint, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SHAREHOLDERS, AFFILIATES, LICENSORS, CONTENT PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

10. LINKS AND ADVERTISEMENTS

Travellerspoint, as well as third party ad servers displayed on Travellerspoint, may provide links and advertisements to other Websites which are not under the control of, or which are not maintained by, Travellerspoint. The links to any such third party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. Travellerspoint is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a Website is linked to Travellerspoint does not imply any endorsement or sponsorship by Travellerspoint of that Website or that Travellerspoint is affiliated in any way with the third party operating that third party Website.

Products and services offered for sale or advertised, and other information found on Travellerspoint, may be the products, services and information of third parties. Third party products and services are not provided by Travellerspoint. Travellerspoint provides an interactive environment in which users who are interested in sourcing products or services may find information about them on Travellerspoint. If you purchase third party products and services, your legal relationship will be with the third party supplier and not with Travellerspoint. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. Travellerspoint may receive fees or commissions from third parties for such products and services. Travellerspoint makes no representations about the accuracy or suitability of the information provided on Travellerspoint. The information is provided 'as is' without express or implied warranty. You use the information at your own risk and therefore agree to indemnify Travellerspoint against any security breaches or any other problems that arise from payments through third party sites. Travellerspoint does not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on Travellerspoint.

11. CHANGES

11.1 Travellerspoint reserves the right to change the functionality of this Website. Travellerspoint may add, delete or stop offering content, functions and/or any other part of this Website at it's own discretion at any time.

11.2 Travellerspoint reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions governing your use are based on what is in effect at your time of use. The new Terms and Conditions will be posted on this page. These Terms and Conditions were last modified on the date listed below this text window.

12. INTELLECTUAL PROPERTY

12.1 By submitting material and content to Travellerspoint, you are acknowledging that you are fully entitled to do so and that the material is your own or you own the rights to use that material.

12.2 By submitting material and content to Travellerspoint, you are granting Travellerspoint a non-exclusive, royalty-free, non-terminable licence right to copy, modify, show in public and create derivative works from that material in any form, anywhere. You will not be paid for granting Travellerspoint these rights. Travellerspoint does not claim ownership of any content you have uploaded.

12.3 All copyright, trademarks, and any other intellectual property rights in and relating to this Website, are licensed to or owned by Travellerspoint. As a user or member of Travellerspoint you agree not to copy, re-use or embed any information, whether belonging to Travellerspoint or owned by third parties affiliated to Travellerspoint, found on Travellerspoint without the written consent of Travellerspoint. You are not permitted to incorporate Travellerspoint pages in framesets on your site without notifying visitors of your site that the ownership of the information lies with Travellerspoint.

12.4 Travellerspoint agrees not to sell any content uploaded by members, without express prior permission from that member.

13. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

14. MISCELLANEOUS

14.1 Failure by Travellerspoint to enforce any of the Terms of this agreement does not mean those Terms or any of the other Terms in this agreement are waived.

14.2 The relationship between you and Travellerspoint is not one of agency or partnership and you will not be deemed to be a partner, employee, agent or representative of Travellerspoint by your use of this Website. Travellerspoint reserves the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any third parties without the written consent of Travellerspoint.

14.3 The headings in these Terms and Conditions are only for convenience and not for interpretation.

14.4 Users of this Website agree that by posting any information or submitting any data to this Website, they are of an age to understand these Terms and any implications these might hold for them.

15. TRADEMARKS

"Travellerspoint" is a trademark of Fly By Noon Pty Ltd. You agree not to display or use in any manner any marks of Travellerspoint without Fly By Noon Pty Ltd's prior permission. Third party trademarks, service marks, logos and trade names appearing on the Web-site are the property of their respective owners.

16. SEVERABILITY

These Terms and Conditions are severable. If ever any of these provisions is deemed to be unenforceable or invalid, such a provision will be enforced to the maximum permitted by applicable law. Such a provision will not affect the validity and enforceability of any other remaining provisions.

17. CHOICE OF LAW

These Terms and Conditions shall be governed and interpreted according to Norwegian law. As such any disputes arising from this site will fall under the jurisdiction of Norwegian law and they have full and exclusive jurisdiction to resolve any issues arising from it.

18. CONTACT

If you have any questions, please contact Fly By Noon Pty Ltd (trading as Travellerspoint) by using our contact form. If you feel these Terms and Conditions have been breached in any way by one of the Travellerspoint users, please do not hesitate to contact us.

Last updated June 2, 2023

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