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Terms of use
1. INTRODUCTION This Agreement is a legal document which sets out your rights and obligations, and those of Exploroo Pty Ltd registered in Australia. You must take the time to read and understand it. By using our website or registering for the Exploroo Service, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 31 below. 2. GENERAL The Exploroo website ("Site") is owned and operated by Exploroo ("Site Owner"). Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site (known collectively as "Terms of Use"). Your use of, and/or access to, the Site constitutes your agreement to the Terms of Use. Exploroo 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 Site. 3. TYPES OF MEMBERSHIPS THIS WEBSITE HAS TWO TYPES OF USER, FREE MEMBER AND PAID MEMBER. BOTH TYPES SHALL BE UNDER ALL TERMS AND CONDITIONS HEREIN. THE SPECIFICATION OF EACH TYPE IS AS FOLLOWING; Free Members: 1. Can Post in Forums, Blogs, Photos, Videos, Articles, Events Sections (Unlimited) 2. Can message members (Unlimited) 3. Can add up to 20 friends per day to your friend list 4. Can join competitions for chance to win prizes 5. Free Members can join our affiliate program to get 30% commission on $19 / 1 year membership (An amazing $5.70 per sign up) or 30% on $50 / lifetime membership, joining fees to our site. (An amazing $15 per sign up). We also pay from 60c per lead! Gold Membership: $19 / per year or $50 / lifetime (Ideal for Travelers) 1. Can Post in Forums, Blogs, Photos, Videos, Articles, Events Sections (Unlimited Posts) 2. Can message members (Unlimited messages) 3. Can add up to 50 friends per day to your friend list 4. Can join competitions for chance to win prizes 5. Can have hyper links pointing to their site from blogs, articles and events sections (3 links per blog and article and events) 6. Gold Members can join our affiliate program to get 30% commission on $19 / 1 year membership (An amazing $5.70 per sign up) or 30% on $50 / lifetime membership, joining fees to our site. (An amazing $15 per sign up). We also pay from 60c per lead! Enterprise Membership: $79 per year (Ideal for Travel Agents) 1. Can Post Press Releases in Article Sections (Unlimited Posts) 2. Can Add Logo in Profile Photo 3. Can Add Website in profile page and company details 4. Can Post in Forums, Blogs, Photos, Videos, Articles, Events Sections (Unlimited Posts) 5. Can message members (Unlimited messages) 6. Can add up to 50 friends per day to your friend list 7. Can join competitions for chance to win prizes 8. Can have hyper links pointing to their site from blogs, articles and events sections (3 links per blog and article and events) 9. Enterprise Members can join our affiliate program to get 30% commissions. We also pay 20c per lead! We reserve the right to make any Free Member feature a Gold Member or Enterprise Member, or vice-versa. No Paid Member will be entitled to any refund of Membership fees in such circumstances. Upon joining as a free member you must select whether you are a traveler or travel agent. Travel agents must have to select as a travel agent else his/her profile will be terminated. Traveleres must select that they are a traveler else his/her profile will be terminated. We are not an internet service provider; in order to use the Exploroo Service, you must have internet access and all the software (and skills) required for email and web usage. 4. INTELLECTUAL PROPERTY AND THE USE OF CONTENT IN THE SITE All information, text, material, graphics, software and advertisements on the Site ("Content") are Copyright 2009 Exploroo, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The Content is protected by Australian and international copyright and trademark laws. Content on the Site 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 Site or expressly authorised in writing by Exploroo or its Affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (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) b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Exploroo or an Affiliate or which is prohibited by the Terms of Use. 5. FORUM, BLOG, ARTICLES, EVENTS The Site contains interactive communication services which provide for feedback by users to the Site, real-time interaction between users (including individuals referred to as free members and members) and other electronic messaging and notice services ("Communication Services"). It is a condition of your use of any Communication Services and your access to the Site 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, discriminatory, politics, 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. In particular, your use of the Exploroo Forum is conditional upon your adherence to the Forum rules and Moderation policy Exploroo may from time to time monitor or review the contents of its Communication Services. While Exploroo reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Exploroo's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Exploroo has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Exploroo responsible for any contents in any Communication Services (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Site are solely their own). Exploroo 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. 6. USER SUBMITTED VIDEOS AND PHOTOS As a supplier of content on the Website, including videos, photos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.). By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations. Failure to comply with these provisions will result in Your Content being removed as set out in clause 5 and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online. 7. LINKS TO OTHER WEBSITES The Site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Exploroo, and Exploroo is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Exploroo 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 Exploroo or its Affiliates. You link to any such website entirely at your own risk. The Site 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 Exploroo 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 Exploroo, 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. 8. TRADEMARKS All trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Exploroo, the relevant Exploroo affiliate or third-party owner. 9. DISCLAIMERS Exploroo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Contents, information, services or other material on this site. While Exploroo strives to keep the information on this site accurate, complete, and up-to-date, Exploroo and its suppliers and contributors cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Exploroo provides Internet links to other external sites and services. Exploroo, its employees and agents are not responsible for the content or availability of these services. Exploroo is not responsible for any activity that might be considered to be illegal and/or improper use of the Internet at other remote sites and services. Exploroo does not endorse any such sites or the information, material, products or services contained on or accessible through such sites. Your access and use of such sites, including information, material, products and services therein, are solely at your own risk. 10. REGISTRATION You undertake to register for the EXPLOROO Service using accurate and current information about yourself - including your correct name, email address and any other requested details. You also undertake only to add yourself to a location on the EXPLOROO Service which you have either visited, are currently visiting, or plan to visit in the future. It is the user's responsibility to maintain accurate information regarding their contact and location details, for example: hotel and flight details, as well as timings. During registration, you may select a EXPLOROO Username which will be associated with your EXPLOROO membership. This Username can be used as a method of linking to your profile, as a shortcut for logging into the EXPLOROO Service, and for other uses that we may make available for Usernames. Each Username must be of at least 5 characters in length and only contain simple numbers and the basic 26 characters of the English alphabet (A to Z).We maintain a reserved list of keywords which may not be used as EXPLOROO Usernames. This list is updated from time to time, and accordingly we reserve the right to revoke the use of a Username previously selected by a member. This may be because we feel the Username is inappropriate, or that it is a special keyword which is required for other business uses, or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific Username. Subject to the above, you may change or update your Username at any time from the Account Settings screen when logged in to your EXPLOROO Membership account. The content of the profile you provide on registration for the EXPLOROO Service, as subsequently amended and added to, will be available to all Members of and visitors to the EXPLOROO Service, unless you specify in the Privacy options for your EXPLOROO Service account that you wish your profile only to be viewable by either Members or friends. The fact that your EXPLOROO profile has been added or updated, as well as a short extract from the title page of your EXPLOROO profile, may be automatically notified to third party tracking websites/weblogs (thus increasing the traffic to the EXPLOROO Service, and potentially to your own EXPLOROO profile). This can also be prevented by specifying (Interaction options within 'My Account') that you wish your profile only to be viewable by either Members or friends. If you do so, this will prevent subsequent notifications to third party tracking websites/weblogs, but notifications prior to the time when you make the change to your profile's Interaction options may continue to appear on those websites/weblogs. EXPLOROO profiles may be searchable through third party web-sites with which we partner - such as sites for which we provide a social network service. Again, if you want to prevent your profile appearing in this kind of search, you can specify that your profile should only be viewable by either Members or friends (in the Interaction options). 11. WEBSITE ACCESS I. EXPLOROO grants you permission to use the EXPLOROO Service as set out in this Agreement, provided that: - You will not copy or distribute any part of the EXPLOROO Service in any medium without EXPLOROO's prior written authorisation; - You will not alter or modify any part of the EXPLOROO Service other than as may be reasonably necessary to use the EXPLOROO Service for its intended purpose; - You otherwise comply with this Agreement. II. You agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that access the EXPLOROO Service in a manner that sends more request messages to the EXPLOROO Service's servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, EXPLOROO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. EXPLOROO reserves the right to revoke these exceptions either generally or in specific cases. 12. INTELLECTUAL PROPERTY RIGHTS The content of the EXPLOROO Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks") and all copyright subsisting therein, are owned by or licensed to EXPLOROO, and protected by United Kingdom and foreign laws and international conventions. Save for specific User Submissions that you personally have made, as between you and EXPLOROO all intellectual property rights subsisting in and in relation to User Submissions (including, without limitation, compilations of User Submissions) are owned by EXPLOROO. You agree not to circumvent, disable or otherwise interfere with security related features of the EXPLOROO Service or features that prevent or restrict use or copying of any Content. 13. USER SUBMISSIONS (i) The EXPLOROO Service may now or in the future permit the submission of videos, music or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. (ii) You shall be solely responsible for User Submissions made by you or through your EXPLOROO Service account ("Your User Submissions") and the consequences of posting or publishing them, and in respect of Your User Submissions, you: - grant us a non-exclusive, royalty-free, irrevocable and perpetual licence to copy, modify, distribute, show in public and create derivative works from Your User Submissions both as part of the EXPLOROO Service and otherwise, in any form, anywhere; including (without limitation) (a) on third party sites and services that link to the EXPLOROO Service or through which EXPLOROO profiles are searchable, and (b) for promoting the EXPLOROO Service (and derivative works thereof) in any media formats and through any media channels; - represent and warrant that you are fully entitled to grant that licence; - undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in Your User Submissions to use the name or likeness of that person to enable the inclusion and use of Your User Submissions in the EXPLOROO Service, and the exploitation by us of Your User Submissions in the manner contemplated by this Agreement; and - authorise us to adapt Your User Submissions, and so waive (or undertake that you have procured an effective waiver of) all so-called "moral" rights to object to any derogatory treatment of Your User Submissions, or to be identified as their author. 14. PRIVACY POLICY EXPLOROO's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the EXPLOROO Service (including any which contains personal information) is, of course, accessible to internet users around the world. 15. EXPLOROO's ROLE You acknowledge that we are not and cannot be responsible for the behaviour of or material contributed by Members - whether on the EXPLOROO Service (such as by way of User Submissions) or outside of it. We only provide a venue where the EXPLOROO Service may be accessed. In particular, you should be aware that EXPLOROO does not generally pre-screen or monitor the material contributed by Members (such as User Submissions). 16. ADDITIONAL SERVICES EXPLOROO or its affiliates may offer new or additional services through the EXPLOROO Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with, and potentially additional fees (which you must pay). Any failure by you to comply with a material provision of the terms or rules governing those services, or to pay any relevant additional fees, will amount to a breach of this Agreement. 17. OPERATION OF THE EXPLOROO SERVICES EXPLOROO reserves the right to withdraw or modify one or more aspects of the EXPLOROO Service where we have serious legal or technical reasons to do so (including technical difficulties experienced by Where Are You Now or on the Internet). There may be times when the EXPLOROO Service becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the EXPLOROO Service. 18. MISUSE OF THE EXPLOROO SERVICE We reserve the right (a) to suspend or terminate any Member's access to the EXPLOROO Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the EXPLOROO Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the EXPLOROO Service without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the EXPLOROO Service while your Membership account is logged on to the EXPLOROO Service, or through your email address(es). 19. RELEVANCE The EXPLOROO Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not: - Include swear-words or terms that could be considered offensive in material posted on or transmitted through the EXPLOROO Service, including electronic messages, messages posted to Forums & Discussion groups, and any other communication tools made available via the EXPLOROO site, except to the extent that (as a Gold Member) you are permitted to allow free speech in private chatboards you create. This paragraph is not intended to supersede Clauses 21 and 23 below; - Place material on, or otherwise use, the EXPLOROO Service for any business or commercial purpose; - Use your access to the EXPLOROO Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam); - Collect or harvest any personally identifiable information, including EXPLOROO Usernames, from the EXPLOROO Service, nor use the communication systems provided by the EXPLOROO Service, for any commercial purpose. 20. FEES (i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of Gold Membership fees from time to time; if we do so, we will ensure that the amount or basis is clearly stated at the time when you agree to take the relevant EXPLOROO Service or prior to any fees being taken for it. (ii) Gold Members who agree to have their Membership renewed continuously will have their Membership renewed at the same rate as was previously agreed by the Member; however note that we will notify you of the applicable fees in accordance with Clause 3 above. (iii) Fees paid by a Gold Members will not usually be rebated or refunded by EXPLOROO. If, other than under Clause 17 or 18 above, we entirely withdraw an Integral Service (specified in Clause 2) from your Gold Membership of the EXPLOROO Service, or the entirety of the EXPLOROO Service itself, then you may be entitled to a rebate of your Gold Membership fee for the remainder of the twelve month period to which that fee relates; but no part of the Membership fee will be rebated to a Gold Member under any circumstances if the Gold Member has made use of any of the Integral Services (as indicated in Clause 2 of this Agreement) during the period to which the Gold Membership fee relates. For the avoidance of doubt, Gold Members will not be entitled to any rebate of their Membership fee if Integral Service(s) become available to Standard Members (as well as to Gold Members). EXPLOROO will not be obliged to rebate any part of any Gold Membership fee, other than as provided in this sub-Clause (iii). (iv) Upon purchasing a paid-for Gold Membership, EXPLOROO will activate all account applications electronically on completion of the subscription process. We reserve the right to delay activation of a paid-for service for up to 5 working days where our systems detect potential credit card or other fraud and require manual checks to take place; in this event, the prospective Member will receive an email seeking confirmation of certain key information. Please be aware that, while EXPLOROO does guarantee the sending of the emails it undertakes to send in this Agreement, EXPLOROO cannot guarantee the delivery of any email, as (a) a recipient's email address may be invalid or have limitations on the relevant mailbox that could impede the delivery of the email, such as a mailbox limit or spam filter. (v) If you unsubscribe, you will enjoy your Membership benefits until the end of your then-current annual subscription period; your subscription won't be renewed after that term expires. However, you won't be eligible for a prorated refund of (or any) portion of the Gold Membership fees paid (except as provided in sub-Clause (iii) above). (vi) If you are asked for, and provide, details of a credit or debit card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. Unless otherwise stated, all prices shown for EU countries include VAT. 21. PROHIBITIONS You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the EXPLOROO Service (including Your User Submissions), nor any activity or communication you make in connection with any EXPLOROO Service, will be capable of: - infringing the intellectual property or other rights of any person or entity; - breaching any applicable law, whether criminal, tortuous or otherwise; - appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity). 22. ALERTING EXPLOROO If you see anything on the EXPLOROO Service which appears to breach this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us. We do not generally monitor material contributed by Members placed on the EXPLOROO Service, and so we are reliant upon users to point out any which is in breach of this Agreement. 23. WITHDRAWAL OF MATERIAL AND TERMINATION OF MEMBERSHIP Each Member acknowledges that we are entitled to withdraw any material on the EXPLOROO Service, whether this is based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the EXPLOROO Service into disrepute. However, you acknowledge that we do not monitor material which appears on the EXPLOROO Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the EXPLOROO Service. You agree that upon termination or suspension of your access to the EXPLOROO Service under any provision of this Agreement, we may immediately deactivate or delete your account and all related information and files in your EXPLOROO Service account and/or bar any further access to such files or the EXPLOROO Service. Each free or gold member may also switch off their profile status (cancel account) anytime the user wishes under “edit profile” settings once logged in. 24. DISCLAIMER AND RELEASE EXPLOROO has no control over, or responsibility for, the truth or accuracy of any material available on the EXPLOROO Service, whether provided by Members (such as User Submissions) or others. - If any third party site is linked to, or from, the EXPLOROO Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. - You should exercise no lesser degree of caution in appraising what you see on the EXPLOROO Service than you do offline. - Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. - Your use of the EXPLOROO Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release EXPLOROO, its directors, contractors and employees, from all liability arising out of or in connection with the EXPLOROO Service and the material included here by Members (including User Submissions) and other third parties. 25. EXCLUDED LOSS We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Exploroo Ltd. will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control. 26. MAXIMUM LIABILITY Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Exploroo Ltd. under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of: The annual Gold Membership fee payable at the time liability arises; or An amount equal to the sums actually paid by you to us by way of Gold Membership fees during the twelve month period prior to the date when liability arises, regardless of the cause or form of action. 27. NON-EXCLUDED LIABILITIES Nothing in this Agreement limits Exploroo Ltd's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected. 28. INDEMNITY You agree to defend, indemnify and hold harmless EXPLOROO against all liabilities, claims and expenses that may arise from any breach of this Agreement by you, through your use of the EXPLOROO Service or through a device on which you access the EXPLOROO Service. This obligation will survive your use of the EXPLOROO Service. 29. ASSIGNMENT We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of Exploroo Ltd assign or dispose of this Agreement. 30. ENTIRE AGREEMENT This Agreement includes our Privacy Policy; together they are intended to contain the whole of the agreement between us and you concerning the EXPLOROO Service, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement. 31. CHANGES TO THIS AGREEMENT Where Are You Now reserves the right to change this Agreement from time to time, and post the new version on the EXPLOROO Service. When we do so, the new version of these terms and conditions will govern the EXPLOROO Service: - Commencing 5 days after the date of posting (or such later date as Where Are You Now indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the EXPLOROO Service; or - Immediately upon the date of posting (or such later date as Where Are You Now indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of EXPLOROO's addresses or email addresses referred to in this Agreement. 32. SEVERABILITY In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable. 33. LAW This Agreement shall be governed by and construed in accordance with the laws of Australia. The EXPLOROO Service is controlled and offered by EXPLOROO from its facilities in the United Kingdom. EXPLOROO makes no representations that the EXPLOROO Service is appropriate or available for use in other locations. Those who access or use the EXPLOROO Service from other jurisdictions do so of their own volition and are responsible for compliance with local law. 34. NO WAIVER No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EXPLOROO's failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision. 35. CONTACT You can contact us by emailing support@Exploroo.com or by mail to: EXPLOROO - PO Box 610, Mermaid Beach, QLD, Australia 4218 or by telephone during normal office hours of 9am to 5pm Queensland Time Monday to Friday on: +61 4 0967 6040 . We will endeavour to respond to all email enquires within 2 working days.
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