Terms & Conditions for TRVL

TERMS OF USE Effective from 08/03/25 IMPORTANT: Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations. By accessing or otherwise using the Platform (as defined below), you agree to be bound by these Terms and agree to access or otherwise use the Platform in accordance with these Terms. If you do not accept and agree to be legally bound by and comply with these Terms, you must not access or otherwise use the Platform. TRVL Australia Pty Ltd ACN 682 834 153, incorporated in Australia and trading as TRVL, operates the website at https://www.trvl.net.au/ and the related mobile applications. Your rights in relation to use of the Platform are set out in these Terms. Please also see our Privacy Policy https://www.trvl.net.au/privacypolicy for information about how TRVL handles and uses personal information. We may review and update our Terms from time to time without your prior consent. Any updated Terms will become binding on you once we publish them on the Website and you continue to use the Platform. It is your responsibility to check our Website for updates to these Terms. 1Acceptance of Terms By accessing, requesting or using any part of the Platform you are deemed to have accepted these Terms, which shall form a binding agreement between you (as a User) and TRVL. Your registration and creation of any Account is also subject to these Terms. 2TRVL does not guarantee Third Party Products TRVL may, through the Platform, promote Third Party Products and/or connect you to independent suppliers of potentially suitable Third Party Products based on information you provide. You understand and agree that while TRVL may promote and/or provide access to Third Party Products, and may process fees for Third Party Products through the Platform, TRVL is not responsible for the supply of any Third Party Products whatsoever and that any Third Party Products that you acquire, access or use are delivered by independent third parties. All agreements, contracts for, and provision of, Third Party Products are with or through one or more independent third parties. TRVL does not endorse or guarantee Third Party Products or the products or services of any independent supplier. You disclaim any claim against TRVL for Third Party Products to the extent permitted by law and acknowledge that your only claim and recourse is against the third party that provided or purported to provide Third Party Products including if these were facilitated through the Platform. You agree that you assume all risks in dealing with any supplier of Third Party Products notwithstanding any services provided by TRVL. You must notify TRVL of any fee related or other disputes you have with any suppliers of Third Party Products. You acknowledge TRVL may charge booking fees, commissions and other fees with respect to Third Party Products, and that these may be deducted from amounts that you pay via the Platform. 3Fees and subscriptions Platform fees can be paid using credit card or Apple Pay through App Store and Market Place (iOS and Android). Subscriptions will renew automatically unless you cancel the subscription within the app. Subject to your rights under the Australian Consumer Law and any other applicable consumer laws, purchases are generally non-refundable. However any refunds will be processed through App Store or Market Place as applicable. 4Changes TRVL may at any time modify, change, adapt, suspend or discontinue, whether temporarily or permanently, any part or aspect of the Platform with or without notice to you. To the extent permissible at law, TRVL will not be liable to you or to any third party for any modification, change, adaptation, suspension or discontinuance of the Platform. 5Disruption and accuracy 5.1You acknowledge and agree that your access to the Platform, including any material available via the Platform and any Uploaded Material, may be disrupted at any time including as a result of a malfunction, updating, maintenance or repair of the Platform or for any other reason within or outside our control. 5.2To the extent permissible at law, TRVL shall not be liable for any loss or damage caused or suffered as a result of any partial or total suspension or breakdown of, or inability to access or use, the Platform. 5.3You agree that access and use of the Platform is at your own risk and that TRVL does not warrant that the Platform will meet your specific requirements, or that access to or use of the Platform will be uninterrupted, timely, secure, or error-free. 5.4TRVL nor any third party data or content provider make any representations or warranties, whether express or implied, as to the accuracy, correctness and reliability of the Platform and its content (including but not limited to any Uploaded Material or any information which may be provided by TRVL or any third party or data or content providers) ("Information") and shall not be bound in any manner by any Information contained on the Website, Platform or Application. No Information provided shall be construed as advice and Information is offered for information purposes only. You and any related entity or person rely on the Information at your own risk. If you find an error or omission, please let us know. You should obtain independent advice about, and verify, any Information you obtain through the Platform. 5.5The output, or format of output, provided by the Platform may vary from time to time and may not deliver all outputs or formats that you require. No guarantees, warranties, or representations are made by TRVL as to the accuracy, completeness or utility of any material available through the Platform at any time. Your use of the material available through the Platform is not a substitute for your own independent decisions and advice regarding matters of relevance to your personal circumstances. You represent and warrant you have made your own enquiries and satisfied yourself of such matters. 5.6TRVL has no liability with respect to any failure to save any Uploaded Material or other data, or for the loss or corruption of, or unauthorised access to, any Uploaded Material or other data. Users are responsible for backing up any Uploaded Material or other data that is uploaded to the Dashboard. 6Accounts and access 6.1Registration. Use of part of the Platform may be restricted or conditional at TRVL's discretion including requiring payment of a fee and/or a request to register or create a profile and/or an Account. If you request to register or signup for an Account or request access (excluding access to the Website) or use the Platform, you agree and represent that you: (a)are at least 18 years old or have otherwise reached the age of majority in the jurisdiction in which you reside and who can form legally binding contracts; (b)will not request or allow another person to create an Account on your behalf or for your benefit; (c)do so in your own capacity as an individual and not as a representative of any company, partnership or other business entity; (d)will not misrepresent your identity when using the Platform; (e)will comply with all applicable laws when using the Platform; and (f)will review and observe our safety tips at https://www.trvl.net.au/safety-tips 6.2Provision of information. You must, and hereby represent and undertake that you will at all times (and as soon as practicable if circumstances change) provide and maintain up to date, accurate and complete information in your Account as may be required and requested from time to time by TRVL. 6.3Verification. (a)You consent to TRVL or any third party authorised by TRVL, without notice, verifying any information or content provided by or collected from you or any other information available to TRVL and for TRVL to make inquiries and investigations about you including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document. If and when you are requested, you must provide all requested information about yourself including, but not limited to, providing official government, photographic identification, criminal background search results or legal documents. Some Account functions or access rights may be limited at TRVL's discretion during any verification or investigation without notice. (b)Notwithstanding subclause (a) above, you acknowledge and agree that TRVL does not assume any responsibility for the confirmation of any User's identity or conducting background checks for any Users. 6.4Account activity. You are personally responsible for all and every activity that occurs in and through your Account and consent to TRVL assuming that any use of your Account is by you. You acknowledge and agree that you are entirely responsible and liable for maintaining the security and secrecy of your Account including its username and password. You acknowledge sole responsibility for and assume all risk arising from your use of any Account and the Platform. Unless otherwise permitted by us in writing you must not allow any unauthorised person to access your Account at any time. TRVL will never ask you to send your password or other sensitive information via email or enter it into any website other than an official website operated by TRVL. If you ever suspect that there has been any unauthorised use of your Account or the secrecy of your password has been compromised, you must immediately change your password and contact us. You agree not to use another person's Account. 6.5Permissions. TRVL may, in its sole discretion, for any reason and at any time: (a) refuse to grant access to any Platform or Account to you; (b) suspend, disable, close or delete yours or any affiliated or other Account at any time; (c) revoke your access to any part of the Platform; or (d) change the type or permissions of any Account. If any of the aforementioned occur for any period, you agree and understand that you may not have access to data, messages, files, Uploaded Material or otherwise on the Platform and that such data may be deleted by us and that we will not be liable whatsoever for any inability to access the same or deletion or associated consequences, loss or damages. We may in our sole discretion, to the extent permitted by law, retain some or all of your data, Account details or Uploaded Material. If your Account is closed by TRVL, you may sign up again only with our express prior consent. TRVL is not liable for any loss of profit, savings or opportunity that may result from the suspension or cancellation of any of your Accounts. 6.6Closing your Account. You may close your Account at any time. However, you are and remain bound to these Terms and liable for any and all obligations related to past performance and functions after your Account has been closed. Once you have officially closed your Account you may not be able to re-register it again. Once your Account has been closed we may retain or delete any information or content you have received, provided or posted, to the extent permitted by law. If your Account is closed, you agree and understand that you will not have access to data, messages, files, Uploaded Material or otherwise on the Platform and that such data may be deleted by us and that we will not be liable whatsoever for any inability to access same or deletion or associated consequences, loss or damages. You will need to cancel any subscriptions in addition to closing your Account. 7Intellectual Property Rights 7.1The Intellectual Property Rights to the Platform and the material available or provided therein (including any Uploaded Material) are owned by or licensed to us. Nothing in these Terms transfers our interest in those Intellectual Property Rights. 7.2TRVL grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the Platform subject to and in accordance with these Terms. 7.3You may only use other Users' Uploaded Material for the purposes contemplated by the Platform. Except to the extent permitted by law, you may not copy, reproduce, create derivative works from, republish, distribute, or otherwise deal in any way with the Platform, or any Uploaded Material or any of the material available via the Platform (unless you own the relevant Intellectual Property Rights or have a licence from the owner of the relevant Intellectual Property Rights), without our prior written consent. 7.4Your Uploaded Material. Subject to any other written agreement you have with TRVL, you retain all right, title and interest you may have in any Uploaded Material uploaded, provided or made available by you. You grant TRVL, without any compensation to you or others whatsoever, a non-exclusive, transferrable, global, royalty-free licence, with the right to grant sub-licences, to use, copy, modify, adapt, prepare derivative works from, publish, communicate, transmit or broadcast the Uploaded Material, or any part thereof, in any format, media or distribution method for any purpose associated with our business, the operation of the Platform or the provision of services in conjunction with the Platform, including marketing purposes. Such grant is perpetual and cannot be revoked whatsoever, to the extent permitted by law. 7.5You consent to the infringement by TRVL and its sub-licensees and successors and assignees of any Moral Rights that you may have with respect to the Uploaded Material by not attributing authorship to you or by changing or dealing with the Uploaded Material in any manner that might constitute derogatory treatment. Nothing in this clause entitles TRVL to falsely attribute the authorship of any Uploaded Material. 7.6You represent and warrant that: (a)you are the owner of the Uploaded Material provided by you or otherwise have authority to reproduce and communicate the Uploaded Material on the Platform and license such Uploaded Material to us including in the form and for use as set out at Clause 7.4 above; (b)any Uploaded Material uploaded, provided or made available by you is accurate and correct; and (c)your provision and use of the Platform and any Uploaded Material, and the grant by you of the licence to TRVL in clause 7.4, does and will not violate any laws or regulations, or infringe any Intellectual Property Rights or any other rights of any third party. 7.7You accept full responsibility for any infringements of any Intellectual Property Rights of others in connection with Uploaded Material uploaded, provided or made available by you and agree to pay all royalties, fees, damages, accounts of profit or monies owed in connection with Uploaded Material uploaded, provided or made available by you. 7.8You acknowledge and agree that we may remove from the Dashboard any Uploaded Material, including Uploaded Material uploaded, provided or made available by you, at any time, in whole or part, for any reason whatsoever without notice. 7.9Use of other Users' Uploaded Material. You acknowledge and agree that we are not obliged to monitor or check other Users' Uploaded Material and that we provide no warranties with respect to any other Users' Uploaded Material. You access, use and rely upon other Users' Uploaded Material at your sole risk. 7.10Use of our trade marks. You may not use the trade mark "TRVL" or any of our other trade marks (including logos), including as part of a hash tag or meta tag, without our express written permission. You may not use any trade marks appearing in any Uploaded Material without the express written permission of the owner of that trade mark. 11Third party providers 11.1We may disclose material (including Uploaded Material) to third parties for the purpose of operating, or in connection with, the Platform and for you to use the Platform. 11.2You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any such third party. 12Privacy 12.1You consent to our use and disclosure of your personal information in accordance with our Privacy Policy published from time to time at https://www.trvl.net.au/ 12.2You consent to receipt of push notifications, marketing communications and Commercial Electronic Messages from TRVL. To opt-out of push notifications disable notifications inside your device’s settings. To opt-out of other marketing communications including Commercial Electronic Messages, please see our Privacy Policy. 12.3You acknowledge and agree that we have no liability with respect to the privacy practices of any suppliers of Third Party Products or other Users. Prior to acceptance of any service from a supplier of Third Party Products, you should ask for and review their privacy policy. 13Links The Website or the Application may provide links to websites and other online resources operated by third parties. You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party. Links to third party websites and resources do not constitute an endorsement by TRVL of the third party's goods or services. 14No agency 14.1These Terms do not create any agency, partnership, joint venture, employee-employer or other similar relationship whatsoever. 14.2TRVL is not acting as an agent for any supplier of Third Party Products, other than for the limited purpose of processing fees. 15Disclaimer 15.1You acknowledge and agree that TRVL does not assume any responsibility for the confirmation of any User's identity, conducting background checks for any Users or screening any direct messages from Users or other Uploaded Material provided by Users. You interact with other Users at your own discretion and risk. TRVL does not provide any guarantees, or make any representations, about your safety when interacting with other Users on or off the Platform. You release TRVL from any liability with respect to the same, and agree that you are solely responsible for ensuring that you take appropriate safety precautions. 15.2If you choose to use the Platform, including without limitation by obtaining any services via the Platform, you do so at your own risk. To the extent permitted by law, the Platform is provided "as-is" and we expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory or arising out of the course of performance, course of dealing or usage of trade including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, security, accessibility, title or non-infringement, or any warranties that the Platform is free of bugs or viruses or with respect to retention of data. You represent and warrant that you have made your own independent enquiries to satisfy yourself in the absence of any such representation, guarantee or warranty prior to using the Platform or relying on any material therein. 15.3You acknowledge and agree that the Platform is or may be from time to time operated from servers owned or controlled by a third party, and that as such, certain functions are out of TRVL's control, including databases and application infrastructure. TRVL will not be liable to you for any event or action caused by any third party. 15.4You acknowledge and agree that TRVL may add third party plug-in software to the Platform at any time, and that TRVL is not responsible for any loss caused to you or any third party due to your use of that software. You also acknowledge and agree that your use of such third party software may be governed by that provider's own terms of use. 15.5TRVL may make some or all of its services and/or the Platform inaccessible from time to time as required for updates, backups, maintenance and/or upgrades. TRVL has no liability if access to all or part of the Platform or any services are disrupted or limited, for any reason. 15.6You acknowledge and agree that TRVL may at any time correct any errors, amend, add to or remove features from, redesign, improve or otherwise alter the Platform or any TRVL services at TRVL's sole and absolute discretion. 15.7TRVL reserves the right to impose additional fees for any of its services. In any instance, TRVL will notify you before charging any additional fees. 15.8The promotion or availability of any third party's goods or services via the Platform does not imply our endorsement of the goods or services. 15.9We provide no guarantees, and have no liability, with respect to: (a)the conduct of other Users both on and off the Platform; (b)any Uploaded Material provided by other Users of the Platform; (c)any representations or statements made by any User via the Platform or any supplier of Third Party Products; or (d)the quality or safety of any advice, goods or services supplied by other Users or any other third parties, including Third Party Products, via the Platform. 16Prohibited activities 16.1User responsibilities and obligations You acknowledge and agree that you are solely responsible for compliance with any and all laws that may apply to your use of our Platform. In connection with your use of the Website, the Application, the Dashboard or the Platform, you will not and will not assist or enable others to: (a)breach or circumvent any applicable laws or regulations, agreements with third parties, third party rights, or our Terms; (b)post or upload content that is illegal, that violates another person’s or entity’s rights including Intellectual Property Rights, confidentiality rights and privacy rights, is fraudulent or is false, misleading, or deceptive; (c)cause harm or loss to anyone; (d)use the Platform in a manner that falsely implies TRVL's endorsement, partnership or otherwise misleads others as to your affiliation with TRVL; (e)post advertising or other commercial content, company logos, links, or company names other than as permitted by TRVL; (f)use the Platform or Uploaded Material for commercial purposes; (g)copy, store or otherwise access or use any information, including personally identifiable information about any other User in any way that is inconsistent with our Privacy Policy or these Terms or that otherwise violates the privacy or confidentiality rights of Users or third parties; (h)engage in fraud, phishing or identity theft; (i)make any false, misleading or deceptive statements; (j)post content that may pose a personal safety risk to any User; (k)post or upload any photographs of other people without their consent (and the consent of the person's parent or guardian in the case of minors); (l)post content that defames or slanders any User or any third party, provided that Users may provide genuine reviews of third party goods and services; (m)solicit payment from another User; (n)use the Platform in connection with the distribution of unsolicited Commercial Electronic Messages ("spam"); (o)offer to sell any goods or services; (p)impersonate another person, account, or entity, including a representative of TRVL; (q)discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour; (r)bully, stalk, intimidate, menace, harass, offend or cause annoyance or psychological distress to any person; (s)post or upload any content that is offensive, sexually explicit or depicts nudity; (t)promote or facilitate self-harm, violence or terrorist activities; (u)dilute, tarnish or otherwise harm the "TRVL brands in any way, including through unauthorised use of other Users' Uploaded Material, registering, applying to register and/or using "TRVL" or any of our other trade marks, or any substantially identical or deceptively similar words, in any domain names, business names, company names, trade marks or other source identifiers; (v)use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose; (w)"frame" or "mirror" any part of the Platform; (x)distribute computer viruses, bugs, worms, Trojan horses or other malicious code; (y)avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TRVL or any of TRVL's providers or any other third party to protect the Platform; (z)attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; (aa)express or imply that any statements that you make are authorised, approved or endorsed by TRVL; (bb)use or develop any software applications that interact with the Platform, other than those provided by TRVL; or (cc)take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform. 16.2No obligation for TRVL to monitor User use of the Platform You acknowledge and agree that TRVL has no obligation to monitor the access to or use of the Platform by any User, but TRVL has the right to do so at its discretion, to: (a)operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (b)ensure Users’ compliance with these Terms; (c)comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d)respond to posted or uploaded content that it determines is harmful or objectionable; or (e)as otherwise set forth in these Terms. 16.3Users agree to cooperate with and assist TRVL in good faith and to provide TRVL with such information and take such actions as may be reasonably requested by TRVL with respect to any investigation undertaken by TRVL or a representative of TRVL regarding the use or abuse of the Platform. 16.4We recommend that you report to us any misuse of the Platform by other Users of the Platform of which you become aware. 17Liability 17.1To the extent that any mandatory guarantee or warranty under the Australian Consumer Law or any other statute, or at common law or otherwise, is read into these Terms, our liability for failure to comply with any such guarantee or warranty is limited, at our sole discretion, to one or more of: (a)supplying any services again; or (b)paying the cost of having the services supplied again. 17.2You acknowledge and agree that: (a)you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss or damage, whether in contract, tort (including negligence), statute, or otherwise in connection with the Platform, to the extent that you or any other person contributed to the loss or damage; and (b)you will not hold us or any of our Related Bodies Corporate responsible or liable for any loss, damage or expenses to the extent that you could have avoided or reduced the amount of the loss, damage or expense, by taking reasonable steps to mitigate your loss. 17.3We and our Related Bodies Corporate are not liable to you for any loss of profit, loss of revenue, loss of contract value, loss of savings, loss of opportunity, loss of data, damage to reputation, loss of goodwill, service disruption or any indirect, special, exemplary or consequential loss, or any other loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, suffered or incurred by you whether in contract, tort (including negligence), statute, or otherwise, in connection with the Platform, even if we have been advised of the possibility of such loss. This includes but is not limited to in connection with any Uploaded Material whatsoever, or the conduct of another User or supplier of Third Party Products including any action, inaction, reliability or availability of them or any other third party on or off the Platform. 17.4To the extent permitted by law, our, and our Related Bodies Corporate, maximum aggregate liability to you with respect to the Platform or any services, information or advice provided by us is capped at AUD$100. 17.5Nothing in these Terms exclude any of our liability under the Australian Consumer Law that cannot legally be excluded. To the extent liability under the Australian Consumer Law can be limited, our liability is so limited. 18Release and indemnity You agree to release and indemnify, defend, hold harmless and keep TRVL, and our Related Bodies Corporate, affiliates, directors, officers, employees, licensees, contractors and agents, from and against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs and expenses on an indemnity basis) however arising, whether present, unascertained, immediate, future or contingent, and whether based in contract, tort, statute, or otherwise, arising out of or in connection with: (a)any breach by you of these Terms (including any warranty) or any other agreement you have with TRVL or another User; (b)your use of the Platform, including to obtain Third Party Products; (c)any interaction you have with another User whether on or off the Platform; (d)any Uploaded Material uploaded, posted, sent, provided or made available by you; (e)any disclosure by you of any personal information via the Platform; (f)your infringement of the Intellectual Property Rights or other rights of a third party; or (g)your breach or infringement of any law or regulation. 19Breach 19.1If you breach, or we suspect that you have breached, any of these Terms, we may, in addition to any other rights that we have under any of those agreements, at law, or otherwise, suspend (in whole or part) or terminate your use of the Platform without notice. 20Disputes 20.1If you believe you have a reason to raise a dispute with us under these Terms or in connection with the Platform for any reason, you must first provide us with written notice of the dispute including particulars of the dispute. Our authorised representative will, within seven (7) days after the dispute notice is received or as soon as reasonably practicable, discuss the dispute with you and attempt to resolve the dispute. 20.2If our authorised representative is unsuccessful in resolving the dispute with you within thirty (30) days of our receiving notice of the dispute, either of us may, by giving written notice to the other party, refer the dispute for mediation. The mediation will be held in Perth, Western Australia and will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Law Society of Western Australia or the President's nominee. Each of us must bear our own costs of the mediation and bear equally the mediator's costs, and each of us is entitled to legal representation at the mediation. 20.3You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with this Clause 20. 21Notices 21.1TRVL may send notices to Users pursuant to these Terms by email to the email address registered to the User's Account. Users are solely responsible for maintaining a current email address as the email address registered for their Account and checking that email address. 21.2For the purpose of these Terms, Users may send notices to TRVL by email to the following email address: brent@trvl.net.au or james@trvl.net.au 22Miscellaneous 22.1We may transfer, licence, sub-licence, assign or novate our rights or obligations arising under these Terms. You agree to take all steps necessary to enable us to do so. 22.2You may not assign, novate, transfer or delegate any of your rights or obligations under these Terms without our prior written consent. 22.3Any waiver of any of our rights under these Terms is not effective unless in writing signed by our authorised representative. Any failure or delay by us in exercising a right under these Terms does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances. 22.4If any clause of these Terms is illegal, void or unenforceable in any jurisdiction, that clause (including any subclauses, in whole or part in each instance and as the case may be) may be severed for the purpose of that jurisdiction only and the remainder of these Terms continues in full force and effect in that jurisdiction. 22.5Subject to Clause 22.6, these Terms constitute the whole of the agreement between us, set out all the parties' rights and obligations relating to the subject matter therein, and replaces all earlier representations, statements, agreements and understandings except as stated otherwise in these Terms. You acknowledge and agree that you have not relied on any statement, representation, assurance or warranty made by any person (including a third party) in accepting these Terms. 22.6Access to or use of certain areas and features of the Website, Application and/or Platform may be subject to separate policies, standards, terms or guidelines, or may require you to accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area of the Website, Application and/or Platform, the latter terms and conditions will take precedence in respect to your access to or use of that area or feature, unless specified otherwise. 22.7Nothing in these Terms creates a relationship of partnership, joint venture, employment or agency. 22.8You acknowledge and agree that: (a)these Terms will be governed and interpreted in accordance with the laws of Western Australia, Australia; (b)where you may have a dispute or claim against us, you submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts entitled to hear appeals from those courts; and (c)where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions and forums in order to protect our rights and you submit to whichever jurisdiction and forum we consider appropriate for such dispute or claim. 23Definitions In these Terms, the following terms have the following meanings: Account means a User account created through the Website or the Application; Application means the mobile software application provided by TRVL that provides access to the Platform; Commercial Electronic Messages has the meaning given in the Spam Act 2003 (Cth), and includes offers and advertisements sent via push notifications, email, instant message, SMS or MMS; Dashboard means the personalised dashboard accessible to Users through the Website or the Application after creating an Account; Intellectual Property Rights means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, future copyright, trade marks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), data and databases, confidential information and know how; Moral Rights has the meaning provided under the Copyright Act 1968 (Cth) and includes any equivalent rights applicable in any jurisdiction outside of Australia; Platform means any provision or use of the Website or the Application (including material available on or through those and any Uploaded Material) and any products and services offered or provided by TRVL; Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth); Terms means these terms and conditions; Third Party Product means any service or product provided by a third party, for example hotels, flights, tours, car rental and travel insurance; TRVL, us, we or our means TRVL Australia Pty Ltd ACN 682 834 153; Uploaded Material means any writing, content, comment, review, image, photograph, drawing, artistic work, information, data, material, documents, recording (including voice and video), likeness of you or anything identifying you that is uploaded, provided or made available on or through the Platform whatsoever, including via direct messages, by or to you, TRVL, another User or an independent supplier of Third Party Products; User, you or your means any person who accesses or uses the Platform; and Website means the website at https://www.trvl.net.au/, including parts or features of that website that can be used or accessed without requiring registration or logging into the Platform or Application. 24Interpretation In these Terms: (a)headings are for convenience only and do not affect interpretation; (b)words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced; (c)references to any party, person or entity as the case requires includes their executors, administrators, permitted assigns and successors; (d)references to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation; (e)references to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia; (f)obligations under these Terms affecting more than one party bind them jointly and each of them severally; and (g)no rule of construction will apply to the disadvantage of one party on the basis that that party put forward or drafted these Terms.