PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Travelzoo® (the "Site"), provided by Travelzoo (Australia) PTY LIMITED and Travelzoo Local (Australia) PTY LIMITED ("Travelzoo"). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Travelzoo for products, services or otherwise.
All Site materials, including, without limitation, the Travelzoo logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2015 Travelzoo Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Travelzoo or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of Travelzoo or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Travelzoo, the Travelzoo logo and products and services described in this Site, including without limitation Travelzoo and Travelzoo Top 20 are either trademarks or registered trademarks of Travelzoo and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelzoo. In addition, all page headers, custom graphics, button icons and scripts are trademarks of Travelzoo, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Travelzoo. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Travelzoo. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Licenses and Site Access
Travelzoo grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Travelzoo or any third party. The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any.
You may not use, frame or utilize framing techniques to enclose any Travelzoo trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Travelzoo's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Travelzoo name, trademark or product name without Travelzoo's express written consent. You acknowledge that, although the Internet is often a secure environment, there are sometimes interruptions in service or events that are beyond the control of Travelzoo, and Travelzoo shall not be responsible for any data lost while transmitting information on the Internet. In spite of Travelzoo’s efforts to keep the site accessible continuously, the Site may be unavailable from time to time for any reason, including, without limitation, maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Travelzoo, access to the Site may be interrupted, suspended or terminated from time to time.
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Travelzoo or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Travelzoo logo or other proprietary graphic or trademark of Travelzoo to link to this Site without the express written permission of Travelzoo. This limited right may be revoked at any time.
Travelzoo makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Travelzoo and Travelzoo is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Travelzoo is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Travelzoo of the site or any information contained therein. Upon leaving the Travelzoo site, you should be aware that Travelzoo's terms and policies no longer apply and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of each external site.
In using this Site, you agree:
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Copyright Policy and Copyright Agent
It is Travelzoo's policy to respect the copyright and intellectual property rights of others.
If you believe that Travelzoo or any user of our site has infringed your copyright in any material way, please notify Travelzoo's Copyright Agent, and provide the following information:
Travelzoo's Copyright Agent is Ralph Bartel, who can be reached by mail at 590 Madison Avenue, 37th Floor, New York, NY 10022.
Compliance with the Spam Act
Travelzoo complies with the Spam Act 2003 (Cth). You will only receive electronic communications from Travelzoo if you have registered to receive such communications or have otherwise consented to receiving commercial electronic messages from Travelzoo in accordance with the Spam Act 2003 (Cth). All Travelzoo communications contain an unsubscribe option.
You agree to indemnify and hold harmless Travelzoo from any claim, action, demand, loss or damages (including legal costs on a solicitor and own client basis and whether incurred by or awarded against Travelzoo) directly or indirectly made or incurred by any third party arising out of or relating to your conduct, your breach of these terms and conditions, or your breach of any rights of a third party as a result of your conduct or breach of these terms and conditions.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Travelzoo, or postings on this Site, are not confidential and shall become the sole property of Travelzoo. Travelzoo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Travelzoo, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRAVELZOO AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TRAVELZOO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
STATUTORY WARRANTIES THAT ARE IMPLIED UNDER DIVISION 2 PART V TRADE PRACTICES ACT 1974 (CTH) ARE NOT EXCLUDED IF GOODS ARE OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. NEITHER TRAVELZOO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.
YOU ACKNOWLEDGE THAT TRAVELZOO DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, TRAVELZOO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
TRAVELZOO DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TRAVELZOO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY TRAVELZOO VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TRAVELZOO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRAVELZOO OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
TRAVELZOO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TRAVELZOO, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
TRAVELZOO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE (INCLUDING ACCESSING HYPERLINKS) OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.
TRAVELZOO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF SERVICES PURCHASED FROM COMPANIES LISTED ON TRAVELZOO SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO TRAVELZOO AND TRAVELZOO HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.
TRAVELZOO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.
EXCEPT FOR RIGHTS CONFERRED ON USERS BY THE TRADE PRACTICES ACT 1974 (CTH) AND SIMILAR LAWS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED, TRAVELZOO EXCLUDES (AND TO THE EXTENT THAT EXCLUSION IS PROHIBITED, LIMITS TO THE MAXIMUM ALLOWABLE EXTENT) ANY AND ALL WARRANTIES AND CONDITIONS SPECIFIED IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVELZOO’S LIABILITY FOR BREACH OF ANY IMPLIED WARRANTY OR CONDITION OR UNDERTAKING WHICH CANNOT BE EXCLUDED IS LIMITED, AT THE OPTION OF TRAVELZOO, TO:
Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, TRAVELZOO, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TRAVELZOO OR RELATED SERVICES EXCLUDE (AND TO THE EXTENT THAT EVERY EXCLUSION IS PROHIBITED, LIMIT TO THE MAXIMUM ALLOWABLE EXTENT AT LAW) AT ANY AND ALL LOSS AND INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE TRAVELZOO OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TRAVELZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT SUCH LIABILITY CANNOT BE EXCLUDED, TRAVELZOO LIMITS ITS LIABILITY TO, AT ITS OPTION:
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia and the courts of New South Wales shall have exclusive jurisdiction with respect to any disputes related to these terms and conditions save and except that, in the event any such dispute is a matter with respect to which the Federal Court of Australia has exclusive jurisdiction, proceedings shall be brought in the New South Wales District Registry of that Court. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Travelzoo reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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