travelfactory.com.au

Last Updated on 5^th May ,2011 

Welcome to Travelfactory.com.au- please carefully read the following terms and conditions  Your use of this web site and purchase of a Travelfactory.com.au voucher (hereafter referred to as “Voucher”) through this web site is conditional upon your acceptance of these Terms and Conditions and all policies outlined on the Travelfactory.com.au website

www.travelfactory.com.au collectively referred to hereafter as “web site”). BY USING THE WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND ALL POLICIES ON THIS WEB SITE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE 

Before buying a Voucher you must register and open an account with us. We cannot issue a voucher to you without knowing vital information about you, specifically, your identity, your payment method and details, and your contact information.

The information on this legal notice may be updated / revised / edited without notice at any time. As such, we recommend that you review this information periodically to ensure that you are up-to-date with our legal disclaimers and all terms & conditions, as they are binding and address vital rules, regulations and stipulations. Certain provisions of this legal notice may be superseded by explicitly designated legal notices or terms located on particular pages on the Website.

1. About us  Our “Website” and all related microsites are operated by Travelfactory.com.au. We are registered and incorporated in Victoria. We negotiate unique offers (hereafter known as “Deals”) with various suppliers of products and/or services (hereafter referred to as “Vendors”) at significant discounts, and offer those Deals to our community of buyers.

The way we see it, we bridge the gap between buyers and sellers, helping consumers get a better deal, driving business growth for our Vendors, and making the world a more prosperous and affordable place to live!

2. Purchasing Vouchers  Our team continuously negotiates offered products and services which are referred to in these Terms and Conditions as Deals with various suppliers of goods and services on behalf of our customers. The Deals are conditional on certain requirements being met and specific terms and conditions related to them, which will be described in relation to any specific Deal on our Website and on the corresponding Voucher. It is a condition (which we may at our discretion waive) that a certain minimum number of buyers, which we call the “Tipping Point”, offer to buy Vouchers in respect of the goods or services offered as part of the Deal becoming immediately available for purchase (hereafter known as “Deal is Activated).

If the Tipping Point in relation to the Deal is reached, we shall - upon receipt of payment from you - issue a Voucher to you as per the Deal you paid for. If potential buyers of the Voucher in respect of a Deal are unable to complete their purchase of a Voucher due to various reasons including but not limited to the Deal not reaching the Tipping Point, and ensuring that all other Travelfactory.com.au policies, including the Refunds and Shipping policies, are adhered to. Travelfactory.com.au will ensure that all funds related to the incomplete purchase of a However, Travelfactory.com.au. has no obligation to ensure the continuation of the offer should the Tipping Point not be reached and no Vouchers for that deal will be issued.

3. The Travelfactory.com.au Deal be not charged until the minimum number of purchases has been reached Vendors  You should know that we are not the supplier of the goods and/or services that are offered as a Travelfactory.com.au Deal. All of these products and/or services are delivered by the Vendor, on whose behalf we issue the Vouchers and who is ultimately responsible for ensuring the proper tracking of redeemed Vouchers by accessing the Vendor’s section of the web site. For each posted deal, the Vendor has agreed to ensure timely update of all redeemed Vouchers (within 24 hours of redemption) that were purchased from this Website, provided that the Tipping Point was reached. Failure to comply with the timely update clause by the Vendor will result in the Vendor encumbering all losses associated with ensuing illegitimate actions of Voucher holders.

4. Your Interactions with Us  By placing an order through our web site, you confirm that:  a. You are legally capable of entering into binding contracts, and agree to the terms and conditions outlined on the particular deal; b. You are at least 18 years old (or age of majority within the jurisdiction in which you reside); c. You grant us an irrevocable non-exclusive license to use for any purpose any content you post on our web site or otherwise communicated to us via any medium.

How the contract is formed between you (Buyer) and us (Travelfactory.com.au):  When the Tipping Point is reached we shall send to you the Voucher you have purchased following the receipt of payment from you in respect of the transaction. Unless there are unforeseen circumstances preventing smooth operation of the Website, the Vouchers are e-mailed to you, the buyer within 12 hours of closure of the deal.

5. Timely Update  The Vendor shall be responsible for ensuring the Deal and the goods and/or services provided thereunder comply with all applicable laws.

Travelfactory.com.au obligations under these Terms and Conditions are solely to act as an intermediary, which issues Vouchers for a Deal that Buyers redeem at the specified Vendor. Travelfactory.com.au does not deliver such products and/or services nor is it responsible for any actions and/or damages that ensue as a result due to the delivery (or the lack thereof) of the products and/or services by the Vendor. The Vendor is solely responsible for supplying such products and/or services and ensuring that all redeemed Vouchers in respect of the product and/or service are updated within a 24 hours of redemption. Failure to update redeemed vouchers within 24 hours of redemption will result in all ensuing potential losses being encumbered by the Vendor.

You agree to indemnify and hold Travelfactory.com.au, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Travelfactory.com.au by you, or any third party due to or arising out of or in connection with your use of the Website, the purchased Voucher, and/or the provision/delivery of products and/or services by the Vendor to the maximum extent permissible by law. Neither Travelfactory.com.au nor its officers, employees or Affiliates may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied pursuant to the Deal.

We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller(s) and/or Vendor(s). As part of orderly delivery of service, we may disclose your customer information related to the Voucher that you have purchased for the Deal to the Vendor.

6. Buyer’s Rights  If you are contracting as a Buyer, you may cancel a Voucher at any time within ten working days, beginning on the day after which you received the Voucher (provided that you have not redeemed the Voucher for the goods and services under the Deal in that time and the deal did not specifically state "No Refunds" within the "Fine Print" section of the voucher and the site). When you indicate your intention to cancel (email/site/phone call), To cancel a Voucher, you must inform us in writing via e-mail. When your voucher is cancelled, you must also destroy the Voucher with the cancelled unique identifying number held electronically or in printed form. This provision does not affect your statutory rights. 6i. A word about taxes: Unless specifically indicated otherwise, all vouchers sold are sold inclusive of taxes (GST). 

7. Price Determination and Payment Processing  In cases where there is a pricing error in relation to the Deal which could have reasonably been recognized by you as a mis-pricing then we have the right to cancel any Voucher issued in respect of the Deal and issue to you a full refund in respect of the same.

Payment for all Deals and/or Vouchers may be made only by a major credit card. When you offer to buy a Voucher, we will pre-authorize your credit card but will only charge your credit card when the Ticking Point has been reached and the deal goes into Ticking status.

8. Our Refund Policy  Please find the details of our Refund Policy here. We may provide refunds for the cases specified below:  As a buyer of a Voucher on Travelfactory.com.au you are expected to follow the refund policy rules stipulated under the Deal’s refund information. As a Buyer, you are also entitled to a 10-day buyer remorse period, and have the right to cancel a Voucher and request a refund from Travelfactory.com.au , you will be charged an $25 adminstraion fee on all refunds

If you have used referral dollars towards the purchase of the Deal, and a refund was granted to your request, we will refund the full amount of the referral dollars back onto the account from which you have made the purchase.

Please note, that Travelfactory.com.au has the ability to track fraud via our online functionality. Refunds will be monitored and if Travelfactory.com.au detects continuous refund behaviour, you will be banned from the privilege of using www.travelfactory.com.au

9. Content Control  You are fully permitted to share the content of our Website with your friends so long as you use the sharing tools that are provided to you on the Website and within your account options. We also permit you to print, share, and/or distribute the content of our Website with your friends, provided that:

• a. no documents or related graphics on the Website are modified in any way;
• b. no graphics on the Website are used separately from the corresponding text; and
• c. our copyright and trademark notices and this permission notice appear in all copies. 

Unless otherwise stated, all copyright and other intellectual property rights relating to all materials on this Website (including text, documentation, graphical images, and photographs) are the sole property of Travelfactory.com.au. and/or our licensors. As such, any illegal or previously authorized use, extracts, or distribution of the material contained on the Website and these Terms and Conditions is strictly prohibited If you breach any of the terms in this legal notice, your permission to use the Website will automatically terminate and all obtained materials from this Website will immediately be destroyed.

Subsequent to these Terms and Conditions, no textual, graphical, conceptual or functional part of the Website may be digitally or otherwise reproduced, stored, or distributed on any other form of media, document and/or communication available either via public or private media without prior written permission from Travelfactory.com.au

Travelfactory.com.au reserves any rights that are not expressly granted under these Terms and Conditions.  10. Access to the Website  Travelfactory.com.au strives to maintain the Website’s full functionality 24 hours per day. However, we shall not be liable if the Website is unavailable for any reason for any period of time. Due to many variable factors, access to the content of the Website, or to the Website itself may be unavailable at any time without notice in cases of system failure or system compromise, periodic maintenance, repairs, or any reasons beyond Travelfactory.com.au direct control.

11. Visitor material and conduct  With the exception of personal and payment information that is outlined in detail in the Privacy Policy, any and all materials posted on any Website portion by you are considered to be public and non-proprietary. Travelfactory.com.au reserves the right to store this data on its servers. All of Travelfactory.com.au agents shall be free to reproduce, disclose, and distribute this material freely in both commercial and/or non-commercial purposes.

Travelfactory.com.au maintains no obligation or liability with regard to this material and you indemnify Travelfactory.com.au of all possible actions or damages that may ensue as a result of disclosing this information on the Website.

12. Inappropriate Conduct  You are prohibited from posting or transmitting to or from the Website any material that is or can be considered as: 

The following abusive. Blasphemous/ defamatory/. Discriminatory/. Inflammatory/ menacing./ obscene/offensive pornographic/ racially /discriminatory/scandalous/ seditious/threatening/negatively/ provocative/or any behaviour which may infringe, inconvenience or cause discomfort (whether physical or psychological) to any other individual or the rights of that individual or entity or which encourages illegal conduct and/or a criminal offense or otherwise contrary to Travelfactory.com.au  operations local laws and statutes.

You may not transmit to Travelfactory.com.au. any data which may be deemed to be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse the Website (including, without limitation, via hacking into our servers/data centers).

Travelfactory.com.au will fully co-operate with all law enforcement authorities or court order requesting or directing us to disclose the identity or locale of anyone posting any material in breach of these Terms and Conditions.

13. Externally and Internally Driven Links  Travelfactory.com.au may potentially post links to third party websites on its Website. These links are being provided solely for the convenience of the user and are not intended strictly for relaying the information of one party through our Website.

We have no control over third party websites and as such we waive any and all liability associated with any action and/or damages that ensue as a result of actions by the third party. As such, we do not endorse or make any representations about the third parties or any material found on their respective websites. If you decide to access these third party websites, you do so entirely at your own risk.

14. Registration  When registering for membership on Travelfactory.com.au, your registration is for a single user only. As such, it is against our policy for more than one (1) individual to be using the same registration. This is due to the fact that we use the information you provide during your registration to process all purchases made on our Website and to associate those purchases with your personal information. As such, we will not be held responsible for any user making purchases using the account login credentials sign-in and registration of another individual on our Website. We do not permit you to share your user name and password with any other person nor with multiple users on a network. It is YOUR responsibility to maintain the security of the password which is issued to you Travelfactory.com.au 15. Liability  We restrict our liability for any losses and/or damages you may suffer as a result of breach of this agreement and/or ensuing actions of the Vendor for which a Voucher was issued through our Website strictly to the purchase price of the Voucher.

Furthermore, you indemnify Travelfactory.com.au and any of its agents for any additional, indirect losses, which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms and Conditions by us that would entitle you to terminate the contract between us, including but not limited to:

• a. loss of income or revenue/. loss of business/loss of profits or contracts/ loss of anticipated savings
• e. loss of data / loss of time 

16. Suspension and Termination  If we determine, in our discretion, that there has been a breach of these Terms and Conditions based on your interactions with our Website, we may take such action as we deem appropriate to restrict, suspend, or terminate your access to our Website which includes, but is not limited to contacting the local law enforcement authorities and taking actions against you in court of law.

The following actions are typical of our responses to the breach of these Terms and Conditions and/or all other policies contained on our Website:

a. Suspension or termination of your rights and access to use our website. b. Immediate deletion of any material that is posted, uploaded, or transmitted by you to our Website c. If a suspension or termination is determined to be excessive, a warning will be issued to you explaining your actions and how they are in breach of our Terms and Conditions and/or other policies d. Take legal actions against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. e. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.  We will not be held liable for any actions taken in response to your breach of our Terms and Conditions Travelfactory.com.au. reserves the right to use other responses which it may deem appropriate that are not already specified in sections a-e above.

17. Dispute Resolution Process  If you believe that any actions taken Travelfactory.com.au., any of its stakeholders, or users of the Website are in breach of these Terms and Conditions or in any other way infringe on your rights, please send us a formal notice (hereafter referred to as a “Notice of Complaint”) via e-mail outlining your concern.

A Notice of Complaint should be sent by e-mail to:admin@travelfactory.com.au The Notice of Complaint should include the following details: 

• a. the date
• b. the time and
• c. the listing of the comment(s)/content in question;
• d. the action that you wish us to take in respect of the comment(s)/content; and
• e. the basis of your complaint (e.g. a statement posted on our Website appears to be discriminatory, defamatory, abusive or otherwise in breach of these terms).

On receipt of the Notice of Complaint, we shall, in most circumstances:  a. immediately suspend the comment(s)/content concerned; b. commence an investigation into it/them; and c. contact the user(s) concerned with outlining the specific reasons for the actions that were taken, including a summary of your Notice of Complaint (please note that your personally identifiable information will not be disclosed to any other party to maintain your anonymity).

These actions are intended to give the user in question an opportunity to make representations to us in connection with their comment(s)/content and any points you made in your Notice of Complaint; and requesting that they respond to us within 14 days.

If we do not receive a response from the user(s) within 14 days, we will permanently delete the relevant comment(s)/content, and/or take further actions as we deem necessary as outlined in the Terms and Conditions.

Once we have received a response from the user(s), we will make a decision within 21 days on whether to reinstate the comment(s)/content, permanently delete it/them or keep it/them suspended pending further investigation.

Once we have taken our decision, we will notify you and the user(s) concerned as soon as possible. When notifying you of the decision, we will attach a copy of the user(s)’ representations (if any), redacted to protect their identity.

For the purposes of openness and fairness, we will send copies of all relevant correspondence addressed to it to all parties, again redacted where appropriate to protect the user(s)’ identity.

18. Revisions to these Terms and Conditions  We reserve the right to revise / edit / change these Terms and Conditions from time-to-time as we see fit and depending on market conditions such that all stakeholders Travelfactory.com.au. are protected appropriately. We do this to ensure that our business, changes in technology, laws, and regulatory requirements are upheld and adhered to as closely as possible.

It is your responsibility to check these terms and conditions from time-to-time in order to ensure that you are aware of any and all changes that have been made. We are not responsible for notifying all users of our Website of any changes made in our Terms and Conditions. Some notices that are published elsewhere on our Website may supersede the statements outlined in these Terms and Conditions. Those notices will be considered binding between you and DealTicker Inc.

19. Law and Jurisdiction  This Agreement and any dispute arising out of it will be governed by the laws of the Victoria”) and the laws of the Government of Australia (hereafter referred to as “Federal Laws”). Any dispute or claim arising out of or in connection with this Agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts with jurisdictions over State or Federal Laws.

20. Questions or Concerns  If you have any questions or concerns about these Terms and Conditions or any part of Travelfactory.com.au policies please contact us directly via e-mail at:  admin@travelfactory.com.au  

We will respond to your query within 5 business days.