TERMS AND CONDITIONS
1) Acknowledgement and Acceptance
This guide (Guide) was created and is owned by the sole trader with ABN 91 572 957 703 trading as TravellED (TravellED).
By using and/or accessing this Guide you acknowledge and agree to the terms and conditions set out below (Terms and Conditions) and acknowledge that you have read and understood and agree to be bound by these Terms and Conditions. TravellED may amend these Terms and Conditions from time to time without notice. Your continued use of this Guide after any amendment becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions, as amended.
This Guide is hosted on https://mindtrip.ai/ which is owned by Mindtrip, Inc. (Mindtrip). Where there are discrepancies between these Terms and Conditions and Mindtrip’s terms and conditions, you acknowledge that these Terms and Conditions will prevail.
2) Links to other websites
This Guide may contain links to websites maintained by other companies and organisations. TravellED does not make any representations as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
Users are responsible for reviewing any applicable terms and conditions and privacy policies of any third-party websites they visit through links on this Guide.
3) Copyright
Unless otherwise indicated, TravellED reserves all copyright in the content and design of this Guide (Material). We own all such copyright or use it under licence or applicable law. You may not, in any form, or by any means:
a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Guide;
b) cause any of the Material to be framed or embedded in another Guide or website; or
c) commercialise any information, products or services on this Guide, except with our prior written consent or as permitted by applicable copyright legislation.
4) Virus warning
TravellED does not represent that any information (including any file) obtained from or through this Guide is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. TravellED will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.
5) Release and indemnity
You waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against TravellED, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to:
a) your breach of these Terms and Conditions; and/or
b) your use of this Guide.
You agree to indemnify, defend and hold TravellED, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by TravellED, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
6) Applicable law
These Terms and Conditions, and the relationship between you and TravellED in accordance with these Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the state of New South Wales. You and TravellED agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales.
Note: TravellED does not operate under the jurisdiction of the United States or Canada. Any dispute arising from the use of this site, its content, or any services provided is expressly subject to the laws and courts of New South Wales, Australia only.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
7) Dispute Resolution
Before filing any claim against TravellED, you agree to try to resolve any dispute, howsoever arising, informally by contacting HelloTravellED@gmail.com.
8) Limitation of liability
TravellED will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Guide or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Guide or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Guide, including but not limited to, damages for loss of profits, use, data or other intangibles, even if TravellED has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of TravellED for any breach of such term, condition or warranty shall be limited, at the option of TravellED, to any one or more of the following:
a) if the breach relates to goods:
i) replacement of the goods or supply of equivalent goods;
ii) repair of such goods;
iii) payment of the cost of replacing the goods or of acquiring equivalent goods; and/or
iv) payment of the cost of having the goods repaired, or
b) if the breach to services:
i) supplying of the services again; and/or
ii) payment of the cost of having the services supplied again.
9) Disclaimer
The information contained on this Guide is provided by TravellED in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on the Guide.
None of TravellED, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Guide (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Guide.
To the fullest extent permitted by applicable law, TravellED disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TravellED makes no warranty that the Guide or any products or services advertised on the Guide will meet your requirements, or that the Guide will be uninterrupted, timely, secure or error free.
10) Privacy
By using and/or accessing this Guide, you acknowledge that you have read and agree to the Privacy Policy, or on the link in the Guide (“Privacy Policy”) and which forms a part of these Terms and Conditions.
You consent to the collection, use and/or disclosure or handling of your personal information for the purposes set out in the Privacy Policy.
By using this Guide, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to TravellED may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.