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Introduction

The iTourist Network ("iTourist Network") is a wholly owned and operated subsidiary of MediaIQ Corporation Pty Ltd ("MediaIQ") a proprietary limited company registered in Australia, Australian Company Number (ACN) 101 175 277. Your access to the Network is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as "Terms of Use"). Your use of, and/or access to, the Network constitutes your agreement to the Terms of Use. MediaIQ reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Network.

Contents

  1. Intellectual property and restrictions on use of content on the network
  2. Communication facilities
  3. User licence to MediaIQ
  4. Advertising, links to third party websites and e-commerce offers
  5. Disclaimer and limitation of liability
  6. Termination
  7. Trademarks of MediaIQ and its Affiliates
  8. Miscellaneous

See also:

Intellectual property and restrictions on use of Content on the Network

All information, text, material, graphics, software and advertisements on the Network ("Content") are Copyright ©1999-2007 MediaIQ, its suppliers and/or licensors unless expressly indicated otherwise on the Network. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Network or expressly authorised in writing by MediaIQ or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of MediaIQ or an Affiliate or which is prohibited by the Terms of Use.

Communication facilities

The Network contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to MediaIQ, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following:
* restrict or inhibit any other user from using or enjoying any Forum;
* post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
* post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
* post or transmit any material of any kind which contains a virus or other harmful component;
* post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;
* delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
* download any file posted by any other user of a Forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
MediaIQ may from time to time monitor or review the contents of its Communication Facilities. While MediaIQ reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in MediaIQ's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, MediaIQ has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is MediaIQ responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
MediaIQ reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to MediaIQ

By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to MediaIQ a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of MediaIQ and any other party authorised by MediaIQ all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of MediaIQ, you will execute and deliver to MediaIQ such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of MediaIQ, and MediaIQ is not responsible for the contents of any linked web or any hyperlink contained in a linked website. MediaIQ provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by MediaIQ or its Affiliates. You link to any such website entirely at your own risk. The Network also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by MediaIQ or its Affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by MediaIQ, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
The product prices listed in the TravelShop site ("Service") are the responsibility of the relevant retailer and are accurate at the time the retailer notifies MediaIQ. They are subject to change without notice by the retailer. MediaIQ is not liable for the prices or price changes, including where price changes have not been reflected on the TravelShop site. Your use of the Service is subject to the MediaIQ terms of use.

Disclaimer and limitation of liability

The Trade Practices Act and similar State and Territory Legislation in Australia (nd in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by MediaIQ of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). MediaIQ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) MediaIQ and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) MediaIQ does not warrant that the functions contained in any Content or any Communications Facility or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) MediaIQ does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not MediaIQ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of MediaIQ) will MediaIQ or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that MediaIQ does not exert control over users of the Network (including individuals referred to on the Network as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, MediaIQ's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MediaIQ to the following:
* in the case of services supplied or offered by MediaIQ, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
* in the case of goods supplied or offered by MediaIQ, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by MediaIQ, and MediaIQ may terminate this agreement and your access to the Network at any time without notice. In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you, licenses granted by you and all MediaIQ disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks of MediaIQ and its Affiliates

The trademarks listed below are trademarks of MediaIQ or its affiliates (as indicated). All other trademarks displayed on the Network are trademarks of their respective owners. Nothing contained on the Network should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of MediaIQ, the relevant MediaIQ affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant MediaIQ website, but such use requires the express written authorisation of MediaIQ or the relevant Affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
MediaIQ: MediaIQ, the MediaIQ logo, MediaStorm Design, iTourist.
Microsoft Corporation: Microsoft, the Microsoft Internet Explorer logo, MS, MSN, Windows, Windows NT

Miscellaneous

MediaIQ relies on your continued observance of these Terms of Use. If MediaIQ suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify MediaIQ for those losses, damages and costs.
The terms of this agreement apply to the full extent possible in relation to the supply by MediaIQ of any content or services for the MediaIQ wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service"). More information about these services can be viewed at the MediaIQ mobile web page located at http://www.mediaiq.com.au/mobileweb/.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.

Specific Terms of Use for the iTourist Travel website

These Specific Terms of Use for the iTourist Travel website are in addition to the general Terms of Use governing the use of the MediaIQ Network of websites including the iTourist Travel website.
iTourist Travel is a website about travel and travel destinations. The iTourist Travel website contains a wide variety of information including a section containing travel Tools, and a Travel Forum section allowing you to get in touch with other travellers.
The iTourist Travel website is made available to provide you with travel-related information and to enable you to determine the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with third party suppliers. MediaIQ does not offer any products or services itself other than providing you with the opportunity to purchase products or services from third party suppliers or carriers. MediaIQ does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such products or services. Any purchase of products or services you may make through the iTourist Travel website will be a separate contract with the third-party supplier of that product or service. Such purchases may be subject to separate terms and conditions imposed by the third-party supplier of those products or services. It is your responsibility to contact the relevant third-party carrier or supplier in order to find out the terms and conditions imposed by them on any transactions you may carry out.
The Travel Tools area of the iTourist Travel website contains a virtual guidebook giving details of numerous popular destinations, including passport and visa requirements, information on Australian and worldwide weather, a hotel directory, a currency converter, and links to a large number of travel sites. Passport, visa and health requirements are the responsibility of all individual travellers. MediaIQ or its suppliers may assist in providing information, but this should be treated as a guideline only.
The Currency Converter provides a link to a convenient currency conversion utility. It provides illustrative calculations based on various publicly available sources. Rates are not verified, and the actual exchange rate that applies to any transaction into which you enter may vary depending on market fluctuation, your location and the relevant party who exchanges the currency for you. The information supplied by this application is believed to be accurate, but neither MediaIQ nor its suppliers warrant or guarantee such accuracy. When using this information for any financial purpose, you should consult a qualified professional to verify the accuracy of the currency rates.
MediaIQ does not warrant the reliability of any links to any site of any third-party carriers or suppliers, and is not in any way responsible for, or liable for any failure in relation to, the communication from you to the third party of any reservation or purchase you may make with such a third party, or the confirmation of such a reservation or purchase. By reserving or purchasing any such products or services, you agree to abide by any terms and conditions of purchase imposed by any carrier or supplier with whom you elect to deal, including, but not limited to, the payment of all amounts due to such carriers or suppliers when due and the compliance with all rules and restrictions regarding availability of fares, products or services. You will be completely responsible for any and all charges, fees, duties and taxes arising out of your use of the iTourist Travel website.
Prices displayed on the website are current at the time of issue, but may change at any time and are subject to availability. Prices quoted do not include additional fees or charges such as taxes, airport charges, booking fees or travel insurance unless expressly specified. MediaIQ does not in any way guarantee the availability of any product or service. Airline, car hire, travel insurance and hotel availability and conditions may change at any time. MediaIQ does not accept any responsibility for any travel product or service, rules or conditions that are incorrectly represented within the section. Routing restrictions and other special conditions may apply.
These Specific Terms of Use for the iTourist Travel Website do not exclude any rights which by law cannot be excluded. The user is referred to MediaIQ's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.

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