The Backpacking Around Web Site (the "Site")
is an online information service provided by Backpacking Around ("Backpacking
Around "), subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Backpacking Around MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are Backpacking
Around, its affiliates or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to Backpacking Around a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Backpacking Around by all
means and in any media now known or hereafter developed. You also grant
to Backpacking Around the right to use your name in connection with the
submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against Backpacking Around for any
alleged or actual infringement or misappropriation of any proprietary
right in your communications to Backpacking Around.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of Backpacking Around.
Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Backpacking Around, Backpacking Arounddoes
not operate, control or endorse any information, products or services
on the Internet in any way. Except for Backpacking Around- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with Backpacking Around a. You also understand
that Backpacking Around cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Backpacking Around PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Backpacking Around SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Backpacking Around DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Backpacking Around
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Backpacking Around BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Backpacking Around OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Backpacking Around LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Backpacking Around makes no representations whatsoever about any other
web site which you may access through this one or which may link to this
Site. When you access a non-Backpacking Around web site, please understand
that it is independent from Backpacking Around, and that Backpacking Around
has no control over the content on that web site. In addition, a link
to a Backpacking Around web site does not mean that Backpacking Around
endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Backpacking
Around, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Backpacking Around and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Australia applicable to agreements made and to be performed
in Australia. You agree that any legal action or proceeding between Backpacking
Around and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Australia . Any cause of action
or claim you may have with respect to the Service must be commenced within
one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. Backpacking Around's failure to insist upon
or enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement. Backpacking Around may assign its rights
and duties under this Agreement to any party at any time without notice
to you.
Any rights not expressly granted herein are reserved.
If there is anything that you find is incorrect, please do not hesitate
to contact Jeffrey Wai on (08) 9277 6193 or 0414 754 193 or e-mail: webmaster@backpackingaround.com
and we rectify the problem as quickly as possible.
Other Information
Please be advised that Backpacking Around reserves the right to refuse any business for any reason.