Tripfuser Terms of Use

By registering a user account, you are entering into a legally binding agreement with Tripfuser.Com Pty Ltd ABN 69 617 896 901 (we, us, and our). In consideration of your access to and/or use of our online Tripfuser platform (Tripfuser) and the Services (defined in section 1.4 below), you agreed to be bound by and abide by the terms and conditions set out in these Terms of Use (Terms).

Privacy notice – personal information collection statement

We collect your personal information in order to provide you with access to Tripfuser, process registrations from users who wish to use Tripfuser to book trips, process registrations from users who wish to use Tripfuser to offer travel services, operate Tripfuser, and for purposes otherwise set out in in our Privacy Policy at www.tripfuser.com/privacy-policy (Privacy Policy).

The information you provide will be collected by or on behalf of us and may be disclosed to overseas recipients, our related companies, and to others in order to comply with our legal obligations. The countries in which overseas recipients are likely to be located, are those countries in which a Local Expert (defined in section 1.1 below) provides travel services. The other organisations to whom we typically disclose your information include organisations contracted to provide services to us (such as organisations who may operate and manage the website from time to time on our behalf). If you choose not to provide your personal information to us, we may not be able to provide some or all of our services to you.

We handle personal information we collect and hold about you in accordance with our Privacy Policy and our Privacy Policy forms part of these Terms.

If you would like more information about how we collect, handle, use, store and disclose your personal information, how to access and correct the personal information we hold about you, how to make a complaint (including how we handle complaints), please see our Privacy Policy at www.tripfuser.com/privacy-policy or contact us via email at info@tripfuser.com.

  1. Overview of Tripfuser

    1. 1.1Tripfuser is an online platform that enables people (Travellers) to create their ideal holiday and then connects them with local experts at the Traveller's desired holiday destination (Local Experts) who can create a trip (Trip) and deliver that Trip (if the Traveller so chooses). More specifically, Tripfuser:

      1. allows the Traveller, or a travel agent acting on behalf of that Traveller (Travel Agent), to use the wishlist tool within Tripfuser to set out the Traveller's requirements for their holiday, including, for example, the destination, duration of the holiday, number of travelling companions and any activities that the Traveller would like to be included in their itinerary (Wishlist);

      2. sends the completed Wishlist to Local Experts who are able to deliver the requirements of the Wishlist;

      3. enables the Local Experts to use the Trip Plan Builder within Tripfuser (Trip Plan Builder) to build a customised Trip that meets the requirements of the Wishlist and which creates a proposed itinerary (including the price for the proposed Trip) (the Trip Plan);

      4. sends each Trip Plan prepared by one or more Local Experts in response to a Wishlist to the Traveller;

      5. enables the Traveller to short-list Trip Plans and chat directly with the Local Expert who has submitted a Trip Plan in order to refine the Trip Plan and/or ask questions about the Trip Proposal;

      6. enables Travellers to book Trips directly with the Local Experts; and

      7. enables Local Experts and Travellers to submit reviews about their experiences with Tripfuser and other users of Tripfuser, including Trips.

    2. 1.2The Traveller is under no obligation to purchase any Trip.

    3. 1.3The Traveller is not charged any fees for using the Wishlist or for receiving Trip Plans provided in response to their Wishlist. The Traveller only pays for the Trip Cost specified in a Trip Plan that is booked and confirmed in accordance with section 5 below.

    4. 1.4Tripfuser facilitates the connection of Travellers and Local Experts online to arrange for the booking of Trips directly with each other. We are not:

      1. a party to any agreement that a Traveller and a Local Expert enter into in respect of a Trip; or

      2. a travel agent, nor do we provide any travel services or deliver any aspect of any Trip to any Traveller.
        Unless explicitly specified otherwise, our services are limited to:

      3. facilitating the use and availability of Tripfuser; and

      4. serving as the limited payment collection agent of each Local Expert for the purpose of accepting and processing payments from Travellers on behalf of the Local Experts, in accordance with sections 8 and 9 below. (both forming the Services).

  2. Registration of user accounts

    1. 2.1You will need to register a user account in order to access Tripfuser.

    2. 2.2You must first register as a user of Tripfuser and then register as either a Traveller, a Travel Agent, or a Local Expert. To submit Trip Plans and offer Trips to Travellers, you must be registered as a Local Expert. To create a Wishlist and book a Trip you must be registered as a Traveller or a Travel Agent.

    3. 2.3In order to register a user account, you must be a natural person who is at least 18 years of age.

    4. 2.4In addition to the requirements of this section 2:

      1. if you are registering as a Local Expert you must comply with the requirements of section 3 of these Terms;

      2. if you are registering as a Traveller you must comply with the requirements of section 4 of these Terms; and

      3. if you are registering as a Travel Agent you must comply with the requirements of section 5 of these Terms.

    5. 2.5When registering a user account, you must provide accurate, complete and up-to-date information as requested on the registration page of Tripfuser. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your user account on Tripfuser.

  3. Registration as a Local Expert

    1. 3.1To be eligible to register as a Local Expert you must:

      1. (a) specify the locations in which you intend to offer Trips, as well as details of the activities and other travel services you may offer to Travellers in a Trip Plan;

      2. demonstrate, to our satisfaction (as determined by us in our sole discretion), that you have reasonable travel guide experience in respect of the areas in which you propose to provide Trips;

      3. provide a verifiable third party rating of your experience providing trips (for example a TripAdvisor rating);

      4. hold and maintain any permits and licences required in your jurisdiction in order for you to provide the Trips to Travellers;

      5. arrange and maintain appropriate insurance coverage to, at a minimum, cover your obligations as a Local Expert and to insure against any loss or damage, however caused, suffered by a Traveller, yourself or any third party;

      6. not have any conviction or pending charge for any type of criminal offence;

      7. be accepted as a Local Expert by us in our sole discretion and that we have no obligation to accept anyone as a Local Expert.

    2. 3.2Before we accept your registration as a Local Expert, we require you to be "vetted" by us and as such you agree to complete the necessary actions as determined by us from time to time, such as providing evidence of the licences and permits you hold and validating your previous travel guide experience.

    3. 3.3As a Local Expert, you represent and warrant that:

      1. you will provide the Trip using the standard of care, skill, diligence, prudence and foresight that would be reasonably expected of an experienced provider of trips and travel services;

      2. all of the information you provide to us as part of the registration process is true, correct, complete and not misleading in any respect;

      3. you will comply with all applicable laws, rules and regulations in respect of your use of Tripfuser, the provision of each Trip Plans, and the delivery of Trips to Travellers;

      4. without limiting the warranty given in section 22.1, the possession or use by us or a Traveller of any Trip Plan will not infringe the intellectual property rights of any other person; and

      5. you have all required permits and licences required to be held in your jurisdiction in order to deliver each Trip.

    4. 3.4As a Local Expert, you acknowledge and agree that:

      1. we do not guarantee any minimum number of Trips will be purchased by Travellers;

      2. you are solely responsible for all Trip Plans you provide to Travellers and honouring all Trips booked by Travellers;

      3. we are not a party to any agreement entered into between you and a Traveller in respect of a Trip and, whilst you may set out your own terms in such agreement, the terms of that agreement will not be inconsistent with these Terms;

      4. you are solely responsible for performing your obligations under each agreement you have in place with a Traveller; and

      5. our role is limited to acting as the authorised payment collection agent of the Local Expert in accordance with sections 8 and 9 below.

    5. 3.5We require you to obtain appropriate insurance to cover your obligations as a Local Expert and provider of Trips in accordance with clause 3.1(e) of these Terms. We encourage you to review your insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions that apply to your insurance policy.

  4. Registration as a Traveller

    1. 4.1To be eligible to register as a Traveller you must provide customary billing information such as name, billing address and credit card details (either to us or our third party payment processor(s)).

    2. 4.2Once you are registered as a Traveller, you can start using Tripfuser to create your desired holiday and book Trips in accordance with these Terms.

    3. 4.3We strongly recommend that you take out travel insurance at the time that you book a Trip. You acknowledge and agree that you are solely responsible for ensuring that you have an appropriate level of insurance to cover you in respect of your Trip.

  5. Registration as a Travel Agent

    As a Travel Agent, you acknowledge and agree that:

    1. 5.1prior to using Tripfuser on behalf of a Traveller, you must procure that Traveller's written agreement to be bound by and abide by these Terms; and

    2. 5.2except where the context dictates otherwise, each reference in these Terms to 'Traveller' includes a reference to you as Travel Agent.

  6. Booking a Trip

    1. 6.1Each Trip Plan will have a validity period during which a Traveller may book the Trip proposed in that Trip Plan (Booking Period).

    2. 6.2If a Traveller books a Trip during the Booking Period, that booking will be automatically confirmed upon payment of the Deposit and any applicable Non-refundable Costs (as defined in sections 7 and 8 below) in accordance with section 8.

    3. 6.3If a Traveller wishes to book a Trip, but the Booking Period has expired, the Traveller will need to ask the Local Expert to reissue the Trip Plan. The Traveller acknowledges and agrees that the reissued Trip Plan may be subject to change (including as to cost) as a result of the lapse in time between the expiry of the original Booking Period and the reissuing of the Trip Plan.

    4. 6.4Once you have paid the Deposit (and any applicable Non-refundable Costs) in accordance with section 8, we will send you a communication confirming the booking of the Trip.

    5. 6.5Once a Trip is confirmed in accordance with section 6.4:

        1. you, as a Traveller, acknowledge and agree that we may provide your contact details to the Local Expert who is providing the Trip; and

        2. you, as a Local Expert, acknowledge and agree that we may provide your contact details to the Traveller who has booked the Trip,

      so that you may contact each other directly.

    6. 6.6 If you are a Local Expert, you agree that we may, in accordance with the cancellation terms set out sections 10 and 11,

      1. permit a Traveller to cancel a booking; and

      2. refund to the Traveller that portion of the Trip Cost (as defined in section 7.2 below) as specified in section 11 below.

  7. Trip Cost

    1. 7.1The Local Expert determines the total cost to deliver the Trip in their selected currency (Local Expert Cost), which includes any costs that are non-refundable and payable at the time of booking (Non-refundable Costs) and any applicable taxes that the Local Expert is required by law to collect in their jurisdiction (including any sales taxes, value added taxes, goods and services taxes, transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes).

    2. 7.2A fee for using our Services, which is calculated as a percentage of the Local Expert Cost (Traveller Fee), will be automatically added to the Local Expert Cost in the Trip Plan. The amount specified in the Trip Plan is the total cost payable by the Traveller for the Trip (and comprises the Local Expert Cost together with the Traveller Fee) (Trip Cost).

    3. 7.3The Trip Cost will be payable by the Traveller in the Traveller's selected currency.

    4. 7.4If you are a Traveller you are only responsible for the Trip Cost if you book a Trip and your Trip is confirmed by the Local Expert in accordance with section 6.4.

    5. 7.5We collect the Trip Cost payable by the Traveller and will initiate payment of the Local Expert Cost (including the Non-refundable Costs) to the Local Expert at the time and as further described in section 9.

  8. Payment for Trip by the Traveller

    1. 8.1If you are a Traveller, you acknowledge and agree that, notwithstanding the fact that we are not a party to the agreement between you and the Local Expert, we act as the Local Expert's payment collection agent for the limited purpose of accepting payments from you on behalf of the Local Expert.

    2. 8.2You agree to pay us the Trip Cost, including any Non-refundable Costs, in accordance with these Terms. You hereby authorise the collection of such amounts by charging the credit card or other eligible payment methods provided by you as part of your user registration, either directly by us or indirectly, via a third party online payment processor (such as PayPal).

    3. 8.3You understand and agree that we, on behalf of the Local Expert, reserve the right, in our sole discretion, to obtain a pre-authorisation via your credit card for the Trip Cost or any part thereof.

    4. 8.4You acknowledge that we cannot control any fees that may be charged to a Traveller by his or her bank or credit card company related to our collection of the Trip Cost, and we disclaim all liability in this regard.

      1. At the time you make a booking request for a Trip we will collect from you:

      2. an amount equal to 20% of the Trip Cost (Deposit); and

      3. the total amount of the Non-refundable Costs (if any).

    5. Sixty (60) days prior to the scheduled commencement of your Trip, we will collect the remaining amount of the Trip Cost from you.

    6. Once you have paid the Trip Cost to us in full, you have no obligation to pay the Local Expert for your Trip.

  9. Payment of Local Expert Cost to Local Expert

    1. 9.1Each Local Expert appoints us as the Local Expert's limited payment collection agent solely for the purpose of collecting the Local Expert Cost directly from Travellers.

    2. 9.2We will:

      1. pay the Local Expert the Non-refundable Costs within 5 Business Days of receiving the Non-refundable Costs from the Traveller in our bank account in cleared funds; and

      2. arrange for the balance of the Local Expert Cost, being the total Local Expert Cost received from a Traveller minus the Non-refundable Costs already paid to that Local Expert in accordance with section 9.2 and any applicable taxes), to be deposited into the Local Expert's nominated bank account 48 hours after the scheduled commencement of the Trip.

  10. Cancellation by the Traveller

    If you cancel some or all of your Trip after your booking has been confirmed by the Local Expert, cancellation fees will apply. If you cancel your Trip:

    1. at any time, we will retain the Non-refundable Costs and your Deposit. We will, however, convert your Deposit to a credit (Credit) that you can use towards another Trip; or

    2. 60 days or less before your trip is due to commence, we will retain the total Trip Cost.

  11. Cancellation by the Local Expert

    1. The Local Expert may cancel your Trip at any time prior to the time it is due to commence. If the Local Expert cancels your Trip (other than as a result of a Force Majeure Event), you will receive a full refund.

    2. Where the Local Expert has cancelled a Trip at any time prior to the time it is due to commence (other than as a result of a Force Majeure Event), the Local Expert agrees to refund us any Non-refundable Costs we have paid to it in respect of that cancelled Trip within 2 Business Days of the cancellation of such Trip.

    3. For the purposes of this clause, Force Majeure Event means any fire, flood, earthquake or act of God and any other natural disaster, riot, act of terrorism, war, civil disorder, rebellion or revolution, strikes, lockouts and labour disputes, epidemics, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority, or any other event beyond the reasonable control of the Local Expert, but in each case only if and to the extent that the Local Expert is without fault in causing the event.

  12. Goods and Services Tax

    1. 12.1Words or expressions used in this section 12 which are defined in the A New Tax System (Goods and Services Tax Act 1999 (Cth) have the same meaning in these clauses.

    2. 12.2If we make a supply under or in connection with this Agreement on which GST is imposed, in whole or in part (not being a supply the consideration for which is specifically described as being GST inclusive) then:

      1. the consideration payable or to be provided for that supply under this Agreement but for the application of this section (GST exclusive consideration) is increased by, and you must also pay to us, an amount equal to the GST payable by you on that supply (GST Amount); and

      2. the GST Amount must be paid to us by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided, subject to us giving you a tax invoice in respect of that taxable supply.

    3. 12.3If a payment to a party under this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.

  13. Traveller Acknowledgements

    1. 13.1This section 13 applies if you are a Traveller.

    2. 13.2You acknowledge and agree that:

      1. we are not the provider of any Wishlist, Trip Plan or Trip;

      2. if you book a Trip, you will be taken to have contracted directly with the Local Expert and we are not a party to that agreement;

      3. you book a Trip at your own risk;

      4. we do not endorse any Local Expert, Trip Plan, Trip or any review submitted by any user;

      5. we do not make any attempt to verify the statements of users or reviews of Trips submitted by users;

      6. whilst users are required by these Terms to provide accurate information, we are under no obligation to undertake additional checks to verify or check the identities or backgrounds of users and we do not confirm, endorse or make any representations about any user or the user's purported identity or background nor the safety, quality, legality, timeliness or suitability of any Trip;

      7. any references to a user being "vetted" (or similar language) only indicates that the user has completed a relevant verification process at that user's cost, and does not represent anything else;

      8. any description of a user being "vetted" is not an endorsement, certification or guarantee by us about any user or Trip, including of the user's identity and whether the user is trustworthy or suitable; and

      9. we do not have any obligation to conduct background or police checks on any user, but may conduct such background or police checks in our sole discretion.

  14. Disclaimer

    1. 14.1Tripfuser, and all content and/or services provided or made available through Tripfuser, are made available to you on an 'as is' and 'as available' basis.

    2. 14.2You acknowledge and agree that to the extent possible under the law, and subject to section 16, we make no representations, warranties or guarantees in relation to:

      1. the content of any Wishlist or Trip Plan;

      2. the Local Expert's compliance with any agreement it has in place with Traveller;

      3. the availability, suitability, reliability, safety, value, quality or appropriateness of any Trip; or

      4. the availability, suitability, continuity, reliability, accuracy, currency or security of Tripfuser.

    3. 14.3You acknowledge and agree that to the extent possible under the law, and subject to section 16, we will not be liable:

      1. for any loss, damage, cost or expense incurred by you in connection with your use of Tripfuser (including any Trip);

      2. for any act or omission of any Local Expert, Traveller or other third party;

      3. if Tripfuser (or any content submitted to, provided on or made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if Tripfuser (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:

        1. telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

        2. negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);

        3. maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of Tripfuser;

        4. any events beyond our control; or

        5. services provided by third parties ceasing or becoming unavailable.

    4. 14.4You also acknowledge and agree that to the extent possible under the law, and subject to section 16, we do not represent, warrant or guarantee that Tripfuser is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

  15. Indemnity

    You indemnify us (and all our Related Bodies Corporate (as that term is defined in the Corporations Act 2001 Cth), employees and officers) against all loss, actions, proceedings, cost and expenses (including legal fees), claims and damages (Damages) arising directly or indirectly out of or in connection with:

    1. a breach by you of these Terms;

    2. any negligent or fraudulent act, error or omission by you;

    3. the use of your user account by you or any third party;

    4. the publication or transmission of any information that you provide to us for inclusion in Tripfuser (including any Damages sustained or incurred by us in connection with complaints or claims relating to any such information);

    5. loss of or damage to any property or injury to or death of any person caused by any act or omission by you;

    6. if you are a Travel Agent:

      1. a failure by you to obtain the Traveller's written agreement in accordance with section 5(a) of these Terms; or

      2. a breach by a Traveller (for whom you are acting as agent) of these Terms; or

    7. any claim by a third party against us relating to:

      1. a Trip Plan or Trip;

      2. your use of Tripfuser (or use by any person who accesses Tripfuser using your user account); or

      3. any information that you provide to us via Tripfuser.

  16. Consumer guarantees

    To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

    1. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

    2. in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

  17. Exclusion of liability

    Subject to section 16, and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:

    1. in connection with or in any way relating to Tripfuser or any content and/or services provided or made available through Tripfuser, including:

      1. in connection with any Wishlist, Trip Proposal or Trip;

      2. in connection with any disruption to or unavailability or failure of Tripfuser or interference with or damage to computer systems or other electronic devices;

      3. in connection with errors, omissions or inaccuracies contained in any information published on or available via Tripfuser;

      4. as a result of any fraudulent use, misuse or misappropriation of any user account; or

      5. as a result of any act committed by another person in connection with your use of Tripfuser or any content and/or services provided or made available through Tripfuser;

    2. arising from any circumstance beyond our control; and

    3. otherwise under or in connection with these Terms.

  18. Restrictions on use

    1. 18.1You agree to only use Tripfuser in accordance with these Term and applicable laws. Without limiting the previous sentence you must not:

      1. use Tripfuser (or any content and/or services provided or made available through Tripfuser) for any purpose other than as permitted by these Terms;

      2. remove or tamper with any copyright notices on Tripfuser;

      3. disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from Tripfuser (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));

      4. copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from Tripfuser, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content; or

      5. incorporate Tripfuser in any product to be made available commercially (unless we expressly agree otherwise with you).

    2. 18.2You must not, directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into Tripfuser, or in any other manner whatsoever corrupt, degrade or disrupt Tripfuser.

    3. 18.3You must not (nor permit a third party to) upload, post or submit any data or information to or via Tripfuser (or provide us with any data or information in connection with Tripfuser), nor otherwise use Tripfuser:

      1. to engage in any activity which breaches any law, infringes a third party's rights, or in a manner which interferes with the rights of any other person;

      2. to infringe our intellectual property rights (including our trade marks and copyright) or the intellectual property rights or any third party;

      3. in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal;

      4. in any way that constitutes misuse, or resale or other commercial use, of Tripfuser (or any content and/or services provided or made available through Tripfuser); or

      5. in a way that is regarded by the public or media as unacceptable or which brings our reputation into disrepute or which is otherwise prejudicial or detrimental to our reputation.

  19. Links to other Sites

    We may, from time to time, publish links to other third party sites on Tripfuser. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.

  20. Variation, suspension and termination

    1. 20.1Without prejudice to any other rights or remedies that we may have against you under these Terms or at law, if you breach any provision of these Terms, we may, by giving you written notice, terminate these Terms and disable your access to Tripfuser, without any liability to you (other than to pay any amounts owing to you in accordance with these Terms).

    2. 20.2We may:

      1. change all or part of Tripfuser (including the availability of any feature or content) or suspend access to Tripfuser at any time for any reason, without having to give you notice;

      2. impose limits on certain features or restrict your access to all or part of Tripfuser, without having to give you notice;

      3. terminate your access to and use of Tripfuser (including your user account) without cause by giving you 14 days prior written notice; and

      4. edit, remove or alter any content provided by you in our sole discretion.

    3. 20.3A notice given to you under these Terms may be sent to you by email.

    4. 20.4You may close your user account at any time by sending an email to info@tripfuser.com.

  21. System requirements

    In order to use Tripfuser you must have any relevant hardware and software, and an internet data connection with location services activated. We cannot guarantee that Tripfuser will operate correctly on all mobile devices.

  22. Intellectual Property

    1. 22.1You grant us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, sub-licensable licence to use, reproduce, adapt, modify, communicate and publish all content that you submit to Tripfuser (including Trip Plans). You warrant to us that you have the necessary rights to grant this licence.

    2. 22.2Subject to section 22.1, and unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on Tripfuser. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of Tripfuser for any other purpose.

    3. 22.3All trade marks appearing on Tripfuser belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

    4. 22.4Notwithstanding sections 22.2 and 22.3 and subject to your compliance with clause 22.5, if you are a Local Expert we grant you a limited, non-exclusive, revocable, royalty free, non-sub-licensable licence to use Trip Plan Builder to build Trip Plans for your customers who are not registered as Travellers on Tripfuser.

    5. 22.5If you provide Trip Plans to customers who are not registered as Travellers, you:

      1. must comply with section 18;

      2. must ensure that your customers are aware that we are not endorsing the Trip Plan or you as a Local Expert;

      3. must not use our name or trade marks other than to the extent our name or trade mark is automatically included on the Trip Proposal as a result of your use of Trip Plan Builder; and

      4. will indemnify us (and all our subsidiaries, employees and officers) against all Damages arising directly or indirectly out of or in connection with a claim against us by any third party to whom you provide any such Trip Plan.

    6. 22.6We may, from time to time and in our sole discretion, give Local Experts access to third party editing tools within Tripfuser. If we do so, you acknowledge and agree that:

      1. your use of such third party tools will, in addition to these Terms, be subject to the applicable third party licence agreement we have in place with the licensor of that third party tool and which we have provided to you; and

      2. if the third party tool enables you to edit or process video footage or images of a Trip (including Travellers on a Trip):

        1. notwithstanding clause 22.1, any video footage or images edited or processed using that third party tool captured by your use of the third party tool (Image Content) will be owned by Us and we grant you an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, licence to use, reproduce, adapt, modify, communicate and publish the Image Content for the sole purpose of marketing yourself as a Local Expert and the right to sub-license the Image Content to the Traveller identified in the Image Content for that Traveller to use, reproduce, modify, communicate and publish for their own personal use; and

        2. before you edit or process any Image Content using the third party tool:

          1. you will inform the Traveller that:

            1. any such Image Content will be owned by us and may be used by us for any purpose; and

            2. you will be licensed to use the Image Content for the purpose of marketing yourself as a Local Expert; and

          2. you will be solely responsible for obtaining the consent of the Traveller in respect of their appearance in the Image Content and the use of the Image Content as contemplated by paragraph (A). You acknowledge and agree that the consent of the Traveller will not have been obtained unless you have first informed them as required under paragraph (A). You warrant that the consent of each Traveller appearing in the Image Content has been obtained in accordance with this clause 22.6.

  23. Comments and complaints

    If you are having difficulties accessing Tripfuser or would like to lodge a query or complaint, please contact us at info@tripfuser.com. We take your feedback seriously and will promptly investigate and respond to all genuine complaints.

  24. General

    1. 24.1We may change these Terms from time to time. If we reasonably consider that the change is likely to:

      1. benefit you or have a neutral or minor detrimental impact on you, we may change these Terms by making such changes immediately without notifying you except by publishing these Terms as amended on Tripfuser; or

      2. have a significant detrimental impact on you, we will make such changes to these Terms no sooner than 10 days after we have notified you of those changes on the home page of Tripfuser and, in the case of changes related to fees, by email to the email address provided as part of your account registration.

      If you do not accept a change made by us to these Terms, you must immediately cease using Tripfuser and may close your user account by sending an email to info@tripfuser.com.

    2. 24.2Local Experts do not provide any services to us and are not our employees, contractors or agents. Except as provided in section 9.1, nothing in these Terms will constitute any trust, joint venture, partnership, agency or arrangement between us and any Local Expert or between us and any Traveller.

    3. 24.3You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

    4. 24.4If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.

    5. 24.5These Terms will be governed by and construed in accordance with the laws in force in Victoria, and you unconditionally submit to the jurisdiction of the courts of Victoria. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.

    6. 24.6These Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).